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100995 CC Reg AgP #.,- ~ .. CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, OCTOBER 9, 1995 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will adjourn to a Work Session format immediately following the regular portion of the meeting. No action will be taken at this time. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Benson Malam McCarty Mayor Bean Stover B. Review Agenda 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes September 25, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA Consent Agenda - Motion to approve & Adopt Resolutions items on Therein: A. A Motion to Adopt a Resolution Approving a Setback Variance/Variance to Structurally Alter a. Nonconforming Structure (Att.-#3A Proposed Resolution) Applicant: John Hunner Location: 20625 Radisson Road B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 s.f. (Att.-#3B Proposed Resolution) Applicant: Jim and Julie Simondet Location: 5390 Shady Hills Road C. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Variance to Allow Accessory Space in Excess of 1,200 s.f./Variance to Temporarily Allow Two Single-family Dwellings on One Lot (Att.-#3C Proposed Resolution) Applicant: Gerald Grewe Location: 4550/4560 Enchanted Point . CITY COUNCIL AGENDA OCTOBER 9, 1995 PAGE 2 D. A Motion to Adopt a Resolution Approving a Conditional Use Permit .and Setback Variance (Att.- #3D Proposed Resolution) Applicant: Mark Haymaker Location: 4300 Enchanted Drive E. A Motion to Adopt a Resolution Authorizing Execution of a Non-Disclosure Agreement with Hennepin County (Att.-#3E Proposed Resolution) F. A Motion Accepting Adequacy of Petition for City Improvement - Loren and MaryLee Pahl, 25880 Smithtown Road (Att.-#3F Petition) G. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits (Att.-#3G Finance Director's Memorandum) H. A Motion to Set a Public Hearing for November 13, 1995 at 7:45 p.m. to Consider the Vacation of a Drainage and Utility Easement (Att.-#3H Planner's Memorandum) Applicant: Allan Larson Location: 4320 Dellwood Lane I. A Motion to Approve a Sign Permit (Att.-#3I Planner's Memorandum) Applicant: We Care Hair Location: 19905 Highway 7 (Waterford Ctr) J. A Motion to Adopt a Resolution Approving a Final Plat - Smithtown Meadows (Att.-#3J Planner's Memorandum) Applicant: Abingdon Development Corp. Location: Smithtown Road, East of Eureka Way K. A Motion to Adopt a Resolution Proclaiming Saturday, October 28, 1995 as Rake-A-Thon Day (Att.-#3K Proposed Resolution) L. A Resolution Approving a Final Plat - Birch Bluff Lake View Addition (Att.-#3L1 Planner's Memorandumi #3L2 Proposed Resolution) Applicant: Brian Fredrickson Location: 26115 Birch Bluff Road M. A Motion to Approve and Authorize Execution of a Deferred Loan Repayment Agreement - John and Robert Levering, 25170 Yellowstone Trail (Att.-#3M Agreement) 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) . CITY COUNCIL AGENDA OCTOBER 9, 1995 PAGE 3 5. PARKS - Report by Representative Report on September 26, 1995 Meeting 6 . PLANNING Report by Representative A. Consideration of Request by Tony Eiden Co. to Allow Issuance of Certificate of Occupancies at Heritage Development (Att.-#6A Planner's Memorandum) B. Consideration of a Tree Preservation and Reforestation Policy (Att.-#6B Proposed Policy) 7 . CONSIDERATION OF 1996 ANIMAL CONTROL CONTRACT WITH THE CITY OF CHANHASSEN (Att. -#7 Proposed Contract) 8 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REQUESTING THE MINNETONKA SCHOOL BOARD TO APPROVE A SITE FOR A WATER TOWER ON THE MINNEWASHTA SCHOOL PROPERTY (A t t . - # 8 Proposed Resolution) 9. ADMINISTRATOR &: STAFF REPORTS Administrator's Report on Traffic Complaints (Att.- #9 Letters from Residents) 10. MAYOR &: CITY COUNCIL REPORTS 11. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS ( At t . - # 11 ) .. , ~... '. ... MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam ... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, OCTOBER 9, 1995 Although it was our intent to have the Christmas Lake Road emergency access issue placed on this agenda, it was not done in time to be included in the packet and sent to area residents so you could have a meaningful discussion at the Council meeting. Therefore it will be placed on the October 23 meeting agenda. Agenda Item #3A: Mr. John Hunner proposes to alter the roof on a nonconforming home on Christmas Lake and also build a new detached garage. The proposed alteration does not increase the size of the home or the nonconformity and the owner's plans include reducing nonconforming hardcover on the site by approximately four percent. The Planner recommends approval and the Planning Commission agreed unanimously, subject to conditions. Agenda Item #3B: The Planner and the Planning Commission recommend in favor of a request by Jim Simondet to build a shed, the area of which when added to his existing accessory space, exceeds 1200 square feet in area. Agenda Item #3C: Mr. Gerald Grewe has requested a variance to temporarily have two homes on one site while he constructs his new home. He also requests a conditional use permit for accessory space in excess of 1200 square feet and a variance to allow 4000 square feet of accessory space in an R -1 CIS zoning district. After considerable discussion the variance for two homes was recommended by the Planning Commission unanimously. The c.u.p. and variance was recommended on a 4-3 vote. Agenda Item #3D: After two revisions, the Planner and the Planning Commission recommend approval of a Condition Use Permit and setback variance to allow Mark Haymaker to build on a substandard lake shore lot at 4300 Enchanted Drive. Agenda Item #3E: The enclosed agreement is required by Hennepin County for us to receive data we are requesting for our property records and mapping systems. The Attorney has reviewed the agreement. This resolution authorizes the execution of the agreement. Agenda Item #3F: This motion accepts the adequacy of the petition for watermain installation improvements for Loren and MaryLee Pahl, 25880 Smithtown Road. With this petition a hearing is not required to assess the Pahls. Due to the flag shape of their lot, they were inadvertently overlooked during preparation of the original assessment roll. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting October 9, 1995 Page 2 of 3 Agenda Item #3G: This motion takes care of a housekeeping matter which is done annually. It accepts liability coverage limits of $1,000,000 and does not waive the monetary limits on tort liability established by Minnesota Statute. Agenda Item #3H: Mr. Alan Larson owns two lots at 4320 Dellwood Lane which he has legally combined into a single lot. He now requests that the drainage and utility easements adjacent to the old lot line be vacated by the City in order that he can expand his home to the west. This is simply a motion to set a hearing date for 13 November, 1995 at 7:15 p.m. Agenda Item #31: The Planning Director recommends approval of a sign permit for the We Care Hair shop in the Waterford Shopping Center. Agenda Item #3J: The Planning Director recommends approval of the fmal plat for the Smithtown Meadows project located south of Smithtown Road and east of Eureka Way. Approval is conditioned upon the plan and specifications being approved by the City Engineer, the applicant entering into a development agreement and submitting a landscape plan for approval by the Zoning . Administrator. Approval of the final plat requires a simple majority vote by the City Council. Agenda Item #3K: This resolution, at the request of Minnetonka Community Education Services, proclaims Saturday, October 28 as Rake-A-Thon Day-You Can Make A Difference Day. Agenda Item #3L: The Planning Director recommends approval of a two lot final plat called Lake View Birch Bluff Addition. Approval is subject to the applicant paying the water trunk charge and entering into a water assessment agreement with the City. A simple majority vote is required for approval. Agenda Item #3M: This motion approves a repayment agreement relating to the Hennepin County Housing Rehabilitation Loan Program for 25170 Yellowstone Trail. Agenda Item #6A: Staff recommends against waiving the requirement in the Heritage development agreement which states that Certificate of Occupancy will not be issued until the first lift of blacktop is in place. Agenda Item #6B: The Comprehensive Plan update calls for enhanced natural resource protection ,as part of Shorewood's regulation of development. Tree preservation and replacement was one of the issues specifically cited in the Comprehensive Plan. Your packet contains the fourth draft of a tree preservation/reforestation policy developed by the Staff and Planning Commission. It should be noted that the two Commissioners who did not vote for the policy simple felt that the policy should extend to existing developed areas rather than just new development and new construction. Staff's approach to this policy is to adopt the rather lengthy, technical policy document by resolution, then draft an ordinance which adopts the policy, as may be amended, by reference. If the Council has any questions relative to this matter, please contact the Planning Director prior to Monday night's meeting. . Agenda Item #7: This is an annual agreement for animal control services with the City of Chanhassen. We are one of five cities to which Chanhassen provides these services. It is a 3.5% increase over 1995. Agenda Item #8: This resolution specifically requests the Minnetonka School Board to approve a site for a watertower on the Minnewashta School property. This resolution clarifies the City's position. . . Executive Summary - City Council Meeting October 9, 1995 Page 3 of 3 Agenda Item #9: We have received several complaints concerning traffic on Near Mountain Boulevard and Chaska and Mayflower Roads. The enclosed letters are officially asking the City to consider taking actions to reduce the traffic problems in those areas. Work Session: The Work Session following the regular Council meeting will be to discuss the City's participation in the Livable Communities Act. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Members . FROM: Larry Brown, City Engineer DATE: October 3, 1995 RE: Christmas Lake Road Emergency Access On September 25, 1995 at the regularly scheduled City Council meeting, concerns were heard from residents adjacent to Christmas Lake Road with regard to the current condition of the Christmas Lake Road Emergency Access. The current state of the roadway is undesirable due to grass growing through cracks in the pavement, and residents requested that consideration be given to other alternatives for the emergency access. . At this time, the engineering department is investigating several alternatives to the current condition. Alternatives under consideration are restoration of the existing surface, decreasing the existing width of the access drive with restoration of the surface, and removal of the existing surface and placement of a limestone drive. Information is presently being collected with regard to fire-life safety codes, and the construction costs associated with each alternative. These alternatives and others which may surface prior to the City Council meeting will be presented for City Council review during the October 23, 1995 meeting. cc Residents along Brand Circle Mr. Ed DeLaforest, OSM Associates, Inc. A Residential Community on Lake Minnetonka's South Shore . . .. CITY OF REGULAR MONDAY, SHOREWOOD CITY COUNCIL SEPTEMBER 25, COUNCIL CHAMBERS 5755 COUNTRY CLUB 7:30 P.M. ROAD MEETING 1995 M I NUT E S 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Adminis trator Hurm, ci FY Engineer DeLaForest, City Attorney Keane, Planning. Director Nielsen, and Finance Director Rolek. Present: B. Review Agenda Benson moved, September 25, McCarty seconded 1995 as presented. to approve the Motion passed agenda 5/0. 2 . APPROVAL OF MINUTES A. City Council Regular Minutes - September 11, 1995 for McCarty moved, Malam seconded to approve the september 11, 1995 city Council Regular Meeting Minutes as amended on Page 6, Paragraph 9, Line 1 following Mr. Forbord add "representing Lundgren Bros." and strike "the Minnewashta School"; on Page 6, Paragraph 11, Line 8 replace "Shorewood property taxes" with "taxes levied on Shorewood properties by the Metropolitan Council"; and on Page 7, Paragraph 1, Line 1 replace "form" with "from". Motion passed 5/0. B. City Council Work Session Minutes - September 11, 1995 Stover moved, Benson seconded to approve the 1995 City Council Work Session Meeting presented. Motion passed 5/0. September Minutes 3 . CONSENT AGENDA Mayor Bean read the Consent Agenda for September 25, 1995. Malam moved, Stover Consent Agenda and seconded to to adopt the approve the Resolutions Motions on therein: 11, as the 4f:~ ... REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 2 A. Motion to Extend the Deadline for Landscaping Conditional Use Permit Approval. Applicant: Roxanne Martin. Location: 5750 Christmas Lake Road. B. Motion to December 1995. Set Council Meeting Dates as November 13, November 29 for and November December and 11, Motion passed 5/0. 4 . MATTERS FROM THE FLOOR Renea Dussault, 26365 Noble Road, stated he felt the proposed water tower sites 4 and 5 were too close to the properties on Noble Road. He stated he felt from a visible standpoint a water tower in those locations would affect his property value and lower the demeanor of the whole neighborhood. He indicated site 7 was more desirable. Mr. Dussault also stated he understood there were 21 homes being built on the Eiden site. This could result in 40 more cars in the neighborhood. He stated there were many children in the neighborhood and he was concerned with the increase in traffic. He asked when the proposed number of homes in that development had increased from 14 to 21. He indicated he was concerned with the small distance between the homes and small frontage on these lots. . Mr. Dussault also noted there had been a lot of construction started last year, resulting in a lot of trucks on Noble Road and questioned who was responsible for the damage to the road. Mayor Bean indicated the water tower site was on the agenda and he would postpone discussion of that issue until that point. He noted in regard to the Eiden Development there had been numerous public hearings on this issue over the past two years. This project had utilized the planned unit development process whereby . the City has the ability to negotiate how an area is developed. In this case wetland preservation, had been a major issue and this pushed the homes to the northwest side of the property. Nielsen indicated the only way the proj ect had grown was some existing lots had been incorporated into the development. The planned unit development process allows a 10% density increase. This allowed the builder one additional home beyond the zoning requirements. The overall resulting density for the project is 1 home per 40,000 square feet plus 10% allowable increase resulting in an average lot size of 36,000 square feet exclusive of the wetlands. Nielsen stated in every development the City requires a letter of credit for required improvements in the project and this includes damage done to the roadways during construction. Bob Nystrom, 26555 Noble Road, stated the reason he and his family moved to Shorewood was the pristine conditions. Since that time, the Eiden development and Lundgren Bros development have been REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 3 added to the neighborhood and now a water tower is being proposed. He stated he was not in support of site 4 or 5 for the water tower. He supported site 7 as it would be unobtrusive for all. He also expressed his concern for the amount of traffic which would be added to the neighborhood as a result of the 21 homes in the Eiden development and the damage resulting from the trucks working on that development. Tim Caley, 26505 Noble Road, indicated he shared the concerns of the location of the water tower and the traffic flow due to construction which he was currently witnessing in the Eiden project. He stated he supported locating the water tower at site 7 and asked that attention be paid to the condition of Noble Road. 5. PLANNING - Report by Representative Commissioner Turgeon reviewed the discussions and recommendations made at the Planning Commission's September 19, 1995 meeting. (Details are provided in the minutes of that meeting.) . A. Reconsideration of a Dock Issue Remove. Appellant: Dave Rice Location: 22740 Murray Street. Associated with Notice to (a.k.a. Michelle Richter). Nielsen reported this was a revision to his previous recommendation to approve an extension of the deadline to correct a zoning violation at 22740 Murray Street. Nielsen stated staff is recommending approval of the extension with all items being cleaned up within 30 days of the previous Council meeting and the dock sections being stacked neatly behind the owner's garage until June 1, 1996, at which time they will be removed and not brought back to the site. . Stover moved, McCarty seconded to extend a deadline comply with the zoning violation to October 12, 1995 that the dock sections be allowed to be stored location within the buildable area of the lot until 1, 1996, for David Rice (a.k.a. Michelle Richter), Murray Street subject to staff recommendations. passed 5/0. to and in a June 22740 Motion B. Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Variance to Structurally Alter a Nonconforming Structure. Applicant: John Hunner. Location: 20625 Radisson Road. Nielsen reported Mr. Hunner owns an existing home at 20625 Radisson Road which does not conform to the setback requirements of the R-1C/S, Single-Family Residential/Shoreland zoning district. Any alteration to a nonconforming structure requires a variance. Nielsen explained this is the old Radisson Inn boathouse. The walls and foundation of the structure are sound but the roof is creating several problems. Mr. Hunner is proposing to replace the existing flat roof on the house with a REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 4 gable roof and remove the existing detached garage and replace it with a larger garage which complies with the setback requirements. Nielsen indicated this request will not {ncrease the non- conformity and will make the residence more livable. The proposal can be accomplished without adversely affecting the vegetation on the property. Nielsen indicated staff is recommending approval of the setback variance/variance to structurally alter a non- conforming structure as the overall plan corrects other non- conformities and the lot coverage is reduced by 4% of the current amount. Mr. John Hunner, 20625 Radisson Road, stated he has resided in this dwelling for fifteen years. He explained the structure is very sound. Three of the walls are constructed of eighteen inch thick poured concrete and the house is buil t with post beam construction with a flat roof. He stated he has hired an archi tect to help him resolve the problems with the roof and to reduce the visual impact to the neighbors. This design is an attempt to preserve some historic value of the old Radisson Inn . and make the structure livable. Mayor Bean applauded Mr. Hunner for his efforts on this project and his desire to retain the character of the neighborhood. Malam moved, findings of structurally Runner, 20625 Stover seconded to direct staff to prepare a fact regarding a setback variance/variance to alter a nonconforming structure for John Radisson Road per staff recommendations. Nielsen noted the Planning Commission had added a condition that there be tree replacement of the one tree which will be removed. Malam amended his motion Commission recommendation. to Stover include the concurred. Planning Motion passed 5/0. . C. Direct Staff to Prepare Findings of Fact Regarding, a Conditional Use Permit for Accessory Space in Excess of 1,200 square feet. Applicant: Jim and Julie Simondet. Location: 5390 Shady Hills Road. Nielsen reported the Simondets are requesting a conditional use permit to build a utility shed on the east side of their property which when combined with the existing accessory space will exceed 1,200 square feet. Nielsen indicated the request does meet the four criteria necessary to grant a conditional use permit. He reported the City received correspondence raising concern with Mr. Simondet 's hobby of restoring old cars. He reported there were also a number of residents at the Planning Commission meeting who were in favor of the request and felt Mr. Simondet did a nice job of keeping the property clean. The proposed resolution should include language advising the applicant that home occupations require a separate approval. . . REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 5 Stover moved, McCarty seconded to direct staff. to prepare findings of fact regarding a conditional use permit for accessory space in excess of 1,200 square feet for Jim and Julie Simondet, 5390 Shady Hills Road containing language in regard to home occupations, restricting outdoor storage on the site and subject to staff recommendations. Motion passed 5/0. D. Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Variance to Allow Accessory Space in Excess of 1,200 Square Feet/Variance to Temporarily Allow Two Single-Family Dwellings on One Lot. Applicant: Gerald Grewe. Location: 4550/4560 Enchanted Point. Nielsen reported Mr. Grewe owns the home located at 4550 Enchanted Point and has purchased the home at 4560 Enchanted Point. He intends to combine the two lots, tear both homes down and build a new home. While building, he would like to retain one home which requires a variance for two dwellings on the same lot. Staff is recommending adequate financial guarantee be obtained to ensure the removal of the existing house when the new one is c9mpleted. The combined lot will be 98,733 square feet. The property is zoned R-1C/S and requires 20,000 square feet of area. This is a large lot and Mr. Grewe intends to build a large single family dwelling and would like more accessory space than is typically allowed in the R-1C/S area. This would require a conditional use permit. Nielsen explained the request does not meet the criteria for granting a conditional use permit, which requires that the area of accessory space does not exceed ten percent of the minimum lot area for the zoning district. This district would only allow 2,000 square feet of accessory space and Mr. Grewe is proposing 3,975 square feet. Mr. Grewe is requesting a variance for this cri teria. Nielsen reported there were a number of issues the Planning Commission considered including the large size of the combined property and that this will decrease the amount of accessory space currently on the two lots. Also the garage is built on two levels and the access doors face different directions so at no angle are both levels visible except the west from which the garages appear to be part of the house. Based on this, the Planning Commission recommended approval on a 4/3 vote. There was discussion of an ordinance amendment but staff suggested it was not appropriate since this was the first request received of this type. Nielsen indicated staff is recommending approval of the conditional use permit, variance to temporarily allow two single- family dwellings on one lot and variance to exceed the 2,000 allowable accessory space in the R-1C/S zoning district. Jerry Grewe, 4550 Enchanted Point, stated he felt the home fit the lot size. He stated the present home is closer than 40 feet to the lakeshore and this will correct that and eliminate some accessory space on the two properties. All the trees will remain and several neighbors had been present at the Planning Commission meeting to express their support of the project. REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 6 Bruce Schmidt, Architect, displayed a rendition of the proposal to the residents. Mr. Grewe stated he was agreeable to add a covenant that states that before the property is sub-divided the accessory space will have to come into conformity with the R-1C/S zoning district requirements. Councilmember Malam noted that when the Planning Commission changed the zoning in this area, it was done to alleviate the problem opposite of Mr. Grewe's, to prevent houses from being built on substandard lots. He liked the fact that this will reduce the accessory space on the two lots. Councilmember McCarty agreed, indicating she felt it was a good use of the land and preserved the trees on the site. Councilmember Stover indicated the variance could be specific enough through the conditions to avoid setting a precedent Councilmember Benson stated he was a proponent of accessory use and storage space as it removed things from public view. Benson moved, Stover seconded to direct staff to prepare findings fact regarding a conditional use permit and variance to allow accessory space in excess of 1,200 square feet/variance to temporarily allow two single- family dwelling on one lot for Jerry Grewe, 4550/4560 Enchanted Point subject to Planning Commission recommendations, applicant recording a restrictive covenant against the property stating the property cannot be redivided until such time as it is brought into conformity with the City Code, and staff recommendations. Motion passed 5/0. E. Direct Staff to Prepare Subdivision. Applicant: Smithtown Road. Simple 25725 a Resolution Alan Krutsch. Regarding a Location: Nielsen reported Mr. Krutsch had purchased the property at 25725 Smithtown Road. In 1990 the City approved a simple subdivision of the property but it was not recorded by the previous owner and the approval has since expired. Mr. Krutsch is now requesting the same division as was previously approved. The property contains 71,000 square feet of area and will be divided into two lots. One lot will be approximately one acre and the other approximately one and one half acre as to preserve an existing tree on the property. The issues and recommendations made in the previous staff report are still valid. Nielsen reported the only changes are that park dedication fees will now be $750, sewer charges are $1,000 for the new lot and the subdivision is subject to water assessments of $5,000 for each lot (one has already been assessed) and a $5,000 trunk water charge for the .new lot. Nielsen indicated staff is recommending approval of the simple subdivision. McCarty moved, Malam seconded to resolution regarding a simple direct staff to prepare a subdivision for Alan t . . .. REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 7 Krutsch, 25275 recommendations. Smithtown Road Motion passed 5/0. subject to staff F. Direct Staff to Conditional Use Mark Haymaker. Prepare Findings of Fact Permit and Setback Variance. Location: 4300 Enchanted Drive. Regarding a Applicant: . Nielsen reported Mr. Haymaker has purchased the property at 4300 Enchanted Drive. Since the lot does not comply with the requirements of the R-1C/S zoning district, it requires a conditional use permit to build on it. Mr. Haymaker originally submitted a plan which took into account the setback requirements but did not consider a number of trees on the property. The Planing Commission asked that the site plan be revised in accordance with the Tree Preservation Policy in an attempt to preserve trees on the site and on the site south of his property. In doing so, the house has moved a bit closer to the lake. This does not exceed the average setback of 41-1/2 feet as determined by the two adjacent homes. Moving the house does preserve a stand of existing oak trees and some pine trees. Nielsen reported there was also some confusion in regard to the location of an easement for a dry fire hydrant and if the easement has been recorded. After further investigation, it has been determined that the dry fire hydrant has not been recorded. The City Attorney is recommending this be included as a condition of approval. The house location will not interfere with the easement. The only change required is that the driveway may have to be shifted a little to the south. Nielsen indicated staff is recommending approval of the conditional use permit and setback variance. Mr. Haymaker explained he has tried to go along with the City IS recommendations and it is his feeling as well to save the mature trees on the lot. . Benson moved, Malam seconded to direct staff to prepare findings of fact regarding a conditional use permit and setback variance for Mark Haymaker, 4300 Enchanted Drive. Motion passed 5/0. G. Consideration of a Modification of Galpin Lane Street Improvement - Zachary Woods. Nielsen reported Brett Sinn has requested the City Council consider a modification to the approved plan for the Zachary Woods proj ect. The Zachary Woods plat was allowed to create two lots which access Galpin Lane subject to the developer widening Galpin Lane to 20 feet for a distance of 190 feet. 20 feet was requested as it is the minimum width of a fire access road. Subsequently, the developer has had discussion with the residents on Galpin Lane and they are concerned that patching on eight feet of road may not match the existing road and they do not want the expense of correcting this. Mr. Sinn is requesting to widen the road for a distance of only 90 feet rather than 190 feet. Nielsen indicated staff is recommending denial of the request as neither the cost 4. REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 8 nor the aesthetic consideration outweigh the safety aspect and the potential precedent an approval would set. Brett Sinn expressed his concern for the aesthetics, function and purpose of widening the road for 190 feet. He stated the Galpin Lane Association had approached him and asked him to ask the City Council to reduce the length of the required widening to 90 feet. Presently the road has several indents and wide sections for the purpose of cars passing and but maintains a private look. The Association would prefer to maintain the look and impression of a private road. They are concerned the additional 100 feet of widening would not make the difference of a house burning or not burning and would open the road up to no longer look like a private drive. John Blumentritt, 22720 Galpin Lane, indicated there are precious maple trees that will be lost due to the widening of the road and the private, aesthetic character of the road will be affected. He reported the Association is in unanimous agreement that widening . the road 90 feet is sufficient and 190 feet is not necessary. In response to Councilmember McCarty, Nielsen indicated fire access is a serious issue in this consideration. If "there were a fire, the trucks bringing water to the site could not get past the trucks leaving the site. Councilmember McCarty stated it was the City Council's responsibility to make sure the road was safe. Widening the road for 190 feet was the stipulation when the lots were approved and the Council is not in the position to change that requirement. Mayor Bean questioned the authority of the City Council in this issue due to the fact that this was a private road rather than a public street and also the liability if the Council had the opportunity to require the street be widened and chose not to do so. . City Attorney Keane stated the general requirement in regard to fire, life and safety issues is for the City to exercise it's best judgment. It is the City's responsibility to make sure the residents and properties can be accessed by emergency vehicles. Mayor Bean stated the appearance of the road would be affected in the same manner if 90 feet of the road were widened or if 190 feet were widened. Mr. Blumentritt stated he agreed. He indicated the road presently functioned well for garbage trucks, UPS and moving vans. Presently there are portions of the street which are elongated to allow vehicles to pass other vehicles. Mayor Bean stated it is the City's obligation to meet safety standards whenever the opportunity presents itself. He reiterated that the aesthetic and private aspect of the road will be affected , REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 9 wi th the widening of 90 feet of the road in the same manner as with widening of 190 feet of the road. Councilmember Stover noted the approval for this plat was given based on the widening of the road. The approval may not have been given without this condition. When the approval was given, the applicant was aware of the condition and if he did not wish to accept the condition, he should have objected at that time. Councilmember Malam stated it was the Council's intent to take every opportunity to improve substandard roads in the City of Shorewood. He indicated he was not in approval of the revision. Benson Galpin passed moved, McCarty seconded to deny modification 0 f Lane Street Improvement for Zachary Woods. Mot ion 5/0. 6. CONSIDERATION REGARDING BOULDER BRIDGE FIELD WATER SYSTEM IMPROVEMENT PROJECT AND BADGER . A. Presentation by Springsted Regarding Financing/Bonding Recommendations and Consideration of a Motion Providing for Issuance and Sale of $1,920.00 General Obligation Water Revenue Bond, Series 1995, for Improvements to the Water System of the City Bob Thistle, Springsted Inc., recommended the sale date and date of issuance for the City of Shorewood $1,920, 000 General Obligation Water Revenue Bonds, Series 1995A be set for October 23, 1995 at 12:00 p.m. with a report of bids received being presented to the City Council at 7:00 p.m. Benson moved, Malam seconded to adopt RESOLUTION NO. 95- 92, "A resolution providing for the issuance and sale of $1,920,000 General Obligation Water Revenue Bonds, Series 1995, for improvements to the water system, of the City 0 f Shorewood." Motion passed 5/0. . B. Consideration of Water Tower Site at Minnewashta School and Direct Staff to Negotiate an Agreement with Minnetonka School District Councilmember Stover noted in 1990 when this issue originally came about, there had been much discussion that was not included in the minutes. There was an urgency by the School District to acquire the property from Hennepin County and the City assisted without identifying a location for the water tower site. There was verbal authorization given by the representative of the school district to allow the City of Shorewood to chose the water tower site so long as it would not interfere with the existing school building or the existing homes. , REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 10 Mayor Bean recessed the meeting at 9: 29 p.m. and reconvened the meeting at 9:37 p.m. City Engineer DeLaForest explained sites 2, 3, 4, 5 and 7 were all technically feasible which leaves other factors to consider. He explained the estimated costs associated with construction, access for construction, trunk watermain, lighting, access for maintenance, grading and landscaping for each site. It has been determined that site 3 is the least expensive and site 5 is the most expensive. Based on all factors involved, DeLaForest recommended approval of site 7 for the location of the water tower site. Site 7 is 270 feet away from any existing or proposed homes, which is the further than any other site is from its nearest potential neighboring home. Noble Road residents would be most affected by sites 4 and 5 and the Lundgren development and Skjervold properties would be most affected by sites 2 and 3. The school district staff is in favor of site 7 as it will have the least possible interference to development of their parcel. Kris Skjervold, 5650 Grant Road, stated he and his parents would . prefer site 7 as it would have less impact on their property. Kevin Sheperd, 26410 Smithtown Road, stated his property would be most affected by site 7. He indicated when he purchased his property two years ago, he was not informed of the potential water tower site location. He questioned why the School Board would desire site 7 rather than site 3, as site 3 is less expensive. Mayor Bean noted site 7 was $23,000 more in total costs than site 3. Councilmernber Stover stated the City has had a plan in place for a water tower in this area for Boulder Bridge for many years. Councilmernber Benson stated he would rather spend a little more to locate the water tower where it would be least offensive to everyone involved. He stated he would support site 7. Councilmernber McCarty stated she liked site 7 as the water tower . was closest to the school building and the parking lot. Councilmernber Stover indicated she believed site 3 was the location closest to what was originally discussed. She stated she realized the School Board staff has reacted negatively to site 3 but it is the most central location and she would like to save $23,000. City Administrator Hurm reminded Council to consider the shadow of the water tower. Mayor Bean asked if Mr. Forbord could comment on the School Board's feeling in regard to site 3. Terry Forbord, Lundgren Bros., stated he could not comment on the School Board's opinion as he has only met with School Board staff. He .stated their concern with site 3 was it would preclude future expansion of their building or athletic fields. , REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 11 Councilmembers Malam, McCarty and Benson indicated they were in support of site 7. Mayor Bean indicated he was in favor of site 3 as he did not see how it would disrupt the whole ballfields and it was $23,000 less expensive. Councilmember Benson stated he wanted to locate the water tower in a location which would be best for everyone but he also wanted to keep costs down so as not to push people onto the system faster. McCarty moved to recommend site 7 and authorize staff the school district. the water tower to negotiate an be located on agreement wi th Mayor Bean stated site 7 was significantly more visible from Smithtown Road that site 3. The motion on the floor died for lack of a second. . Tim Caley, 26505 Noble Road, expressed his concern for the safety of the children in the school yard and the proposed park. He indicated he would rather see the water tower in a more accessible area such as close to the parking lot. Mayor Bean indicated there was not a safety issue involved as there was no access to the water tower itself. Mr. Forbord stated he did not feel it was fair to characterize the School Board as being uncooperative. He stated he felt they have always tried to find a common ground. Site 3 has always been a problem for them and they have tried to find alternatives which would impact the least amount of people. He indicated that is why they have suggested site 7 and he felt this was very proactive on their part. Councilmember Stover clarified that Mr. Forbord was speaking of School Board staff. He indicated he was. . Stover moved, Bean seconded to approve site 3 for the location of the water tower with site 7 as the second choice and authorize staff to negotiate an agreement wi th the School District covering the particulars. of tower location, watermain routing, access to the tower, and other pertinent issues and to come back to the City Council before a decision is made. Motion passed 3/2 (Councilmembers Malam and McCarty voted nay). C. Consideration of a Resolution Establishing a Policy Regarding Hookup to the Municipal Water System Councilmember Stover stated she was still not comfortable with setting a deadline for residents to hook-up to the water system. Malam moved, McCarty seconded to adopt RESOLUTION NO 95- ~ "A resolution establishing policy regarding hookup to the municipal water system. " Motion passed 4/1 (Councilmember Stover voted nay). ... REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 12 Councilmember McCarty excused herself from the meeting at 10: 46 p.m. 7. CONSIDERATION OF DEAD END ALTERNATIVES FOR CHRISTMAS LAKE ROAD DeLaForest explained the three proposed alternatives for the Christmas Lake Road emergency access road. The road could be left in its existing condition, the breakaway posts could be removed, or a gated access could be installed. The benefit of leaving the road as it exists is there would be no additional costs involved but the concern is maintenance and access for smaller emergency vehicles. Removing the breakaway post would involve removing one of the timber breakaway posts and replacing the concrete curb with a surmountable type of curb and gutter. This would provide access for street maintenance but would still present a problem for smaller emergency access vehicles. A variation of this alternative would be to remove a post at each end of the road, install surmountable curb to allow small vehicle access and . signing at each end for emergency vehicles only. Concrete pavers which allow growth of turf through voids could be installed to provide a hard surface while giving a boulevard appearance. Mayor Bean suggested two other alternatives would be to open the street or eliminate the emergency access and make it into a cul- de-sac. Nielsen reported staff had spoken with residents on Brand Circle and they were in favor of the concrete pavers. This would allow public works to maintain the street and access for emergency vehicles. This narrow strip of concrete pavers would create a boulevard affect and could be plowed without damage. Nielsen stated he did not recommend the posts be removed from both ends. Councilmember Benson suggested laying eight inches of dirt over . the street and seeding it. Nielsen indicated this would be terribly difficult to plow and public works would not be able to determine when the road below the dirt required maintenance. Dawn Christesen, 6075 Brand Circle, indicated she was not the homeowner but has witnessed the ordeal her parents have been through over the past eight years. She indicated emergency vehicles do not have access and in the winter the plow can't get in. There are also weeds growing up through the pavement. She stated she was in favor of either concrete pavers or the road being resurfaced. She indicated she would be happy if all posts were removed if it was signed as "no through traffic" with barriers on the other end. She indicated gated access was not acceptable to the homeowners. Rick Dyer, 6070 Brand Circle, suggested Ms. Christesen install shrubs along the property line to deter anyone who would drive through her parents yard. He indicated he had spoken with one of A. t REGULAR CITY September 25, COUNCIL 1995 MINUTES PAGE 13 the other two residents and they were removal of the break away post and surmountable curbs and concrete pavers. in agreement installation with of the the Councilmember Stover suggested using only concrete pavers instead of black top. Nielsen explained it would be too expensive to use the pavers for more than a boulevard strip of approximately 12 to 16 feet. DeLaForest explained it would cost $2,000 to construct a 10 foot wide strip behind the curb. Beyond that the black top would have to be patched and sealcoated. Mr. Dyer stated the residents were under the impression that the whole area would be green. He stated part green and part blacktop did not make sense. In light of this, he indicated he would like the blacktop redone and the curbs redone to allow emergency access. There was Council consensus to table this issue to the October 9, 1995 City Council meeting. . Mayor Bean recessed the meeting at 11:36 p.m. and reconvened at 11:42 p.m. 8. CONSIDERATION CONTINGENCY AND OF A MOTION CONSERVATION PLAN APPROVING PROPOSAL A WATER BY OSM DeLaForest reported the Minnesota Department of Natural Resources and the Metropolitan Council require that the City of Shorewood submi t a water contingency and conservation plan proposal for approval. . Malam moved, Stover seconded to direct water contingency and conservation plan Shorewood and that the fee not exceed passed 4/0. 9 . ADMINISTRATOR AND STAFF REPORTS OSM to prepare a for the City 0 f $6,000. Motion A. Report on Status of the Sewer Rate Advisory Task Force Due to the late hour, Hurm postponed his report to the next City Council meeting. Nielsen reported he was a member of the Steering Committee for the Highway 7 Corridor Study which was examining alternatives for Highway 7 from Highway 41 to the City of Hutchinson. He stated Highway 7 is likely to be upgraded to a "super two design". He outlined the proposed changes and asked for any input from Councilmembers, so he can present these at the next scheduled meeting of October 10, 1995. DeLaForest reported construction on the Howard Lake Road watermain is scheduled to begin on Monday, October 2. ... .... REGULAR CITY September 25, COUNCIL MINUTES 1995 - PAGE 14 Keane reported the Johnson condemnation hearing started last week and another half day of hearings is scheduled for October 6, ~995. The matter is before three court appointed commissioners who are directed to make a determination of value and report back to the court within 30 days. The decision becomes a final order and is then appealable to District Court. 10. MAYOR AND CITY COUNCIL REPORTS A. Senior Community Center Work Session 9/13/95 Due to the late hour, this report was postponed to the next City Council meeting. B. Livable Communities Act Meeting 9/20/95 Due to the late hour, this report was postponed to the next City Council meeting. Due to the late hour, there was Council consensus to postpone the . scheduled work session to the next City Council meeting. 14 . ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Malam seconded to adjourn the City meeting at 12: 10 p.m. , subj ect to approval of Motion passed 4/0. Council claims. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: . ROBERT B. BEAN, MAYOR JAMES C. BURN, CITY ADMINISTRATOR . , . ., CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING VARIANCES TO JOHN HUNNER WHEREAS, John Hunner (Applicant) is the owner of real property located at 20625 Radisson Road, in the City of Shorewood, County of Hennepin, legally described as: "Tract B, Registered Land Survey Number 550"; and WHEREAS, the subject property does not comply with R-ICIS zoning district requirements for width, area, side yard setbacks, lake setback and hard surface coverage; and WHEREAS, the Applicant proposes to replace the flat roof of the existing home with a gable roof system; and WHEREAS, the Applicant has applied for a variance to structurally alter a nonconforming structure; and . WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 29 August 1995, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 5 September 1995, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 5 September 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the existing home on the property is located 5.5 feet from the east side of the lot, 13.5 feet from the west side of the lot, 148 feet from the front of the lot, and 15 feet from the Ordinary High Water Level (O.H.W.L.) of Christmas Lake. 2. That the property is located in the R-ICIS, Single-Family ResidentiallShoreland zoning district, which requires the following setbacks: a. Front- b. Side- c. O.H.W.L.- 35 feet 30 feet total with no one side less than 10 feet 75 feet 3 . That the subject property contains 12,268 square feet of area, is 61 feet wide at the building line, and drops off steeply toward Christmas Lake. 4. That the existing home was originally built as a boathouse for the Old Radisson Inn which once occupied the area in which the site is located. 3.A. 5. That the house contains approximately 1235 square feet of area on each of two levels, and that building a new roof will not increase the floor area of the structure. 6. That the Applicant proposes to replace an existing detached garage on the property with a new 22' x 50' detached garage. 7. That the Applicant will modify the existing driveway, removing portions which encroach onto the property to the east. 8 . That the proposed improvements result in a net four percent reduction in impervious surface on the property. 9. That Section 1201.03 Subd. 1.j. of the City Code states: "Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or the nonconformity." CONCLUSION . A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B.. That based upon the foregoing, the City Council hereby grants the Applicant a variance to alter a nonconforming structure. C. That this approval is conditioned upon the following: 1 . Trees located on the south side of the house may be trimmed during construction of the roof but must otherwise be protected from damage. 2 . The existing large tree which will be removed to accommodate the new garage shall be replaced with three, two and a half inch trees to be approved by the Zoning Administrator. . 3. If the new garage is proposed to be built before the old one is tom down and the excess pavement is removed, the Applicant will provide a cash escrow or letter of credit prior to issuance of the building permit to ensure that the improvements are completed within six months. D. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of October, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2- CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE TO JIM AND JULIE SIMONDET WHEREAS, Jim and Julie Simondet (Applicants) are the owners of real property located at 5390 Shady Hills Road, in the City of Shorewood, County of Hennepin, legally described as: "Lot 8, Block 3, Shady Hills"; and WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the construction of a utility shed, the area of which, when added to the area of existing accessory space on the property, will bring the accessory space up to 1358 square feet; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and . . WHEREAS, the Applicants request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 30 August 1995, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 5 September 1995, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 25 September 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the total proposed accessory space (1358 square feet) does not exceed the floor area above grade of the principal structure (2158 square feet). 2. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-1C Zoning District in which it is located (2,000 square feet). 3 . That design and materials of the utility shed are consistent with typical residential yard buildings. 4. That the proposed utility shed complies with all setback requirem~nt~ for the . R -1 C District and is screened from view of properties to the south and east by eXIstmg vegetatIOn. 3. B. . . CONCLUSION 1 . That the application of Jim and Julie Simondet for a Conditional Use Permit as set forth herein above be and hereby is granted. 2 . That this approval is subject to the following: a. That the proposed utility shed and existing garage space will be used strictly for purposes of a residential nature. b. That the Applicants are hereby advised that the City Code provides specific regulations relative to home occupations and any future use of accessory space on the property for other than allowable residential purposes would have to comply with such regulations. 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of October, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A V ARIANCE TO TEMPORARILY ALLOW TWO HOMES ON ONE LOT, A CONDITIONAL USE PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET, AND A VARIANCE FOR THE AMOUNT OF ACCESSORY SPACE TO JERRY GREWE WHEREAS, the Applicant has an interest in the real property located at 4560 Enchanted Point in the City of Shorewood, County of Hennepin, State of Minnesota, legally described on Exhibit B, attached hereto and made a part hereof; and WHEREAS, the Applicant proposes to combine the two lots described in Exhibits A and B, demolish the two existing homes on the lots and build a new home on the resulting lot; and WHEREAS, the Applicant proposes to live in the existing house at 4560 Enchanted Point until the new house is completed, resulting temporarily in two dwellings being located on one lot for which the Applicant has requested a variance; and WHEREAS, the total amount of accessory space proposed with the new house will exceed 1200 square feet of area, for which the Applicant has requested a conditional use permit; and WHEREAS, the total area of accessory space proposed with the new house will exceed 2000 square feet of area, for which the Applicant has requested a variance; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 1 September 1995, which memorandum is on file at City Hall; and. WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 5 September 1995, . the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request for a variance was considered by the City Council at their regular meeting on 25 September 1995 at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-1C, Single-Family Residential zoning district and is also subject to the requirements of the "S" Shoreland (overlay) District. 2. That the two lots combined will contain a total of 98,733 square feet of area. 3.C. 3. That the proposed house will contain 5298 square feet of area on its main level with the same area on the second level. 4. That the Applicant proposes to build a two-level, attached garage which, when added to the area of an existing, nonconforming boathouse on the property, will total 3075 square feet of area; and 5 . That the Shorewood Zoning Code prescribes four criteria for granting conditional use permits for accessory space in excess of 1200 square feet, and following is how the Applicant's request complies with the Code: a. The area of accessory space (3075 square feet) does not exceed the floor area above grade of the proposed home. b. The area of accessory space exceeds ten percent of the minimum lot area for the R-ICIS zoning district in which it is located. . The location of the new house complies with R-ICIS setback requirements and the proposed height of the structure will necessitate that additional setback distance be provided adjacent to Lake Minnetonka. d. Since the attached garage is an integral part of the proposed home, architectural compatibility is not an issue. c. . 6. That the proposed area of accessory space (3075 square feet) will be less than the existing area of accessory space on the two lots (4447 square feet). 7 . That total proposed impervious surface on the property will be approximately 19.5 percent of the total lot area. 8 . That the proposed attached garage will be built on two levels, facing in opposite directions. 9. That, once combined, the two lots will be nearly five times as large as the R -1 CIS district requires. CONCLUSIONS 1 . That the Applicant has established undue hardship and has satisfied the criteria for the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood City Code. 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit and variances. 3. That this approval is subject to the following conditions: a. The Applicant must provide evidence that the two lots have been legally combined prior to issuance of a building permit for the new home. b. The survey submitted with building permit application must show the additional setbacks based on the proposed height of the home. 2 . . c. The Applicant must complete the new home within one year of the date of issuance of the building permit for the house. d. Prior to issuance of a certificate of occupancy the Applicant must provide bids for removal of the house, garage and existing driveway for the southerly lot. From these bids a cash escrow or letter of credit for one and a half times the amount shall be required to guarantee that the existing structures and driveway will be removed and the site restored within 30 days of the Applicant's occupancy of the new home. e. The Applicant must record a protective covenant, with the City as a signatory, stating that the property will not be resubdivided until such time as the property is brought into conformity with Shorewood zoning requirements. 4. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of October, 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk 3 . . Le~al Description - 4550 Enchanted Point "Lot 16, Auditor's Sub. No. 354, Hennepin County, Minnesota, and that part of Lot 4, Block 4, Enchanted Park, Hennepin County, Minnesota, lying northerly of the following described line, hereinafter referred to as Line A: Commencing at the most westerly comer of Lot 16, Auditor's Sub. No. 354, Hennepin County, Minnesota; thence easterly along the southerly line of said Lot 16 a distance of 237.90 feet to a point on the westerly line of Lot 4, Block 4, distant 32.4 feet southerly of the most westerly comer of said Lot 16 and there terminating. Also that part of Lots 2 and 3, Block 3, Enchanted Park, lying northerly of the westerly extension of the above described line A and lying easterly of the following described line B, and that part of Lot 15 and 17, Auditor's Subd. No. 354, lying easterly of the following described line B: Line B: Commencing at the most southerly comer of said Lot 2, Block 3; thence southerly to most southerly comer of Lot 1 of said Block 3; thence deflecting 163.27 minutes to the right 128.35 feet to the intersection with the westerly extension of said Line A and being the point of beginning; thence continue northerly on last described course 35.25 feet; thence deflecting 42 degrees, 17 minutes to the right 69.74 feet; thence deflecting 20 degrees, 58 minutes to the left, to the northwesterly line of Lot 15, Auditor's Sub. No. 354 and there terminating. Also that part of Lot 9, Auditor's Sub. No. 354 lying southerly and southwesterly of the southerly shore of lagoon and adjacent to Lots 15 and 16, said Subdivision, according to the recorded plat thereof, and situated in Hennepin County, Minnesota. Subject to easements of record." Exhibit A . . Le~al Description - 4560 Enchanted Point "Lot 3 and that part of Lot 4, Block 4, Enchanted Park lying southerly of the following described line hereinafter referred to as Line A commencing at the most westerly comer of Lot 16, Auditor's Sub. No. 354; thence easterly along the southerly line of said Lot 16 a distance of 237 8/1 0 feet to the point of beginning; thence westerly 240 9/10 feet to a point on the westerly line of said Lot 4, Block 4, distant 32 4/10 feet southerly of the most westerly comer of said Lot 16 and there terminating. Also that part of Lots 1,2 and 3, Block 3, Enchanted Park lying southerly of the westerly extension of the above described Line A and lying easterly of the following described Line commencing at the most southerly comer of said Lot 2; thence southerly to the most southerly comer of said Lot 1 said point being the point of beginning; thence deflecting 163 degrees 27 minutes to the right 12835/100 feet to the intersection with the westerly extension of said Line A and there terminating. Also that part of unnamed street lying between Blocks 3 and 4, Enchanted Park, and lying southerly of the westerly extension of said Line A, situated in Hennepin County, Minnesota." Exhibit B ~" ,. \ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCES TO BUILD ON A.SUBSTANDARD LOT TO MARK HAYMAKER WHEREAS, Mark Haymaker (Applicant) has an interest in the real property located at 4300 Enchanted Drive, in the City of Shorewood, County of Hennepin, legally described as: "Lot 2, Block 2, Enchanted Gardens"; and WHEREAS, the property does not conform to the lot area requirements of the R -1 CIS, Single-Family ResidentiallShoreland zoning district, in which it is located; and WHEREAS, the Shorewood City Code requires a Conditional Use Permit to build on a substandard lot; and . WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and setback variances for the construction of a single-family home on the property; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in memoranda to the Planning Commission dated 12 July, 4 September, and 15 September 1995, which memoranda are on fIle at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 18 July 1995, the minutes of which meeting are on fIle at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 25 September 1995, at which time the Planner's memoranda and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1 . That the lot is under separate ownership from adjoining properties. 2. That the lot contains 14,431 square feet of area, is 118 feet wide at the building line, and meets at least 70 percent of the required lot area for the R-IC/S zoning district. 3 . That the proposed improvements to the property amount to 23 percent lot coverage, whereas 25 percent lot coverage is allowed. 4. That the front setback of the house on the property to the east of the subject property is 10 feet and the average setback of the two adjoining homes from the street is 30 feet. 5. That the average setback of the two adjoining homes from the ordinary high water level of Lake Minnetonka is 41.5 feet. 3. D. 6. property . That the City has directed the Applicant to preserve existing trees located on the 7. That after two revisions of his original plan the Applicant proposes to locate the home on the lot as shown on Exhibit A, attached. . CONCLUSION 1 . That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit and setback variances to construct a single-family dwelling as shown on Exhibit A, attached. 3. That this approval is subject to the following conditions: . a. Prior to the start of any site work the Applicant must install construction fencing along the dripline of the oak trees located on the south side of the subject property, at least 20 feet from the shoreline of Lake Minnetonka and as needed to protect existing vegetation along the easterly lot line. b. Any excavation near the oak trees shall be cut in so as to sever any roots as cleanly as possible. c. The Applicant must submit a landscape and tree preservation plan, prepared by a registered landscape architect for review and approv8.l by the Zoning Administrator prior to issuance of a building permit. d. . Prior to issuance of a certificate of occupancy for the home, the site must be landscaped per the approved landscape plan referenced in c. above. e. The Applicant agrees to record a utility easement, a copy of which is attached hereto as Exhibit B and made a part hereof, contemporaneously with this resolution with the Hennepin County Recorder or Registrar of Titles. . . 4. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of October, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm City Administrator/Clerk - 2 - .... ..... . , / . J...". . = . .~ -D~J\I_ '-: . '. .... . =:::i:. . -- . l.." r::: :;<;:. . . -:;-;:1'...... ._ - . r==.s.' ::z;r:;; c 0 J'iZ.E: ~K~ ~ - , i <::.:..1 ~ t ' , - , , . '" , I ~ -- ---:: ;:; I I \ ". '..4: '. II '... ....... '-to fO Exhibit A D SITE PLAN PROPOSE i .~ I ~ GRAL"l'T OF EASEMENT THIS GRANT OF EASEMENT is made on this _ day of , 1995, by MARK H. HAYMAKER and KIM MARIE HAYMAKER, husband and wife, (Grantors), to the CITY OF SHOREWOOD, a Minnesota municipal corporation (Grantee). RECITALS Grantors are the owners in fee simple of real property in the County of Hennepin, Minnesota, which is legally described on Exhibit A attached hereto (the Easement Tract). Grantee desires to use a portion of the Easement Tract for the construction and maintenance of certain utilities. . NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and 'valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantors: 1.) Permanent Easement - Grantors hereby grant to Grantee, its successors and assigns, a permanent easement (the Permanent Easement) for water line and fire hydrant purposes over, under, upon and across that portion of the Easement Tract legally described on Exhibit B. The Permanent Easement shall permanently run with the title to the Easement Tract and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns, including, but without limitation all subsequent owners of the Easement Tract and all persons claiming under them. . 2.) Use of Easement Tract - Grantors hereby agree that they will not perform or allow or cause the construction of any improvements on the Permanent Easement which could damage or obstruct the Permanent Easement or interfere with Grantee's access to or Grantee's right to construct, maintain and repair the water line and fire hydrant on the Permanent Easement. 3. ) Warrant' of Title - Grantors represent and warrant to Grantee that they are the only owners of fee simple title to the Easement Tract, and that there are no undisclosed mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written agreement of any nature whatsoever affecting title to the Easement Tract. Grantors, on behalf of themselves, their successors, and assigns, hereby indemnify and hold harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantors or any party whose consent is required to be obtained hereunder, in connection with this Grant of Easement or Grantee's use of the Permanent Easement pursuant to this Grant of Easement. Exhibit B UTILITY EASEMENT '" 4.) Governing Law - This Grant of Easement shall be construed and governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on the above date. GRAi"l'TEE: CITY OF SHOREWOOD By: Its: City Administrator Its: City Clerk . By: GRAi'\TTORS: By: Mark H. Haymaker By: Kim Marie Haymaker STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this day of September, 1995, by and , the City Administrator and City Clerk, respectively, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 2. . . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of September, 1995, by Mark H. Haymaker and Kim Marie Haymaker, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 7900 Xerxes Avenue South, Suite 1500 Bloomington, Minnesota 55431 (612) 835-3800 0086681.01 ... J. . . EXHIBIT B DESCRIPTION OF EASEMENT: A permanent easement for fire protection access over, under, and across the northeasterly 16.00 feet of Lot 2, Block 2, ENCHA1'\l'TED GARDENS, according to the plat on tile in the Office of the County Recorder, Hennepin County, Minnesota. Said permanent easement contains 1,715 square feet more or less. N E '1- 0 N 1< A -.- .....-....-- .:.::: A 1< E (VII N - .....-.- -"-"-'-"~.:.~.::::'":-.... ::::.:::::;;: --- - ~~~\=~- /j>';:~"""'"'' - - - - - - - - - -; 30 - OB ~ II' r----:6" Permanent Ea~emenl ~ \ :<:: I 2 /I! ED \ ~ II :9 30-117-23-23-0002 \ <:: :~ \ _____ LOT2 I~ 1/ \ ~ II ~l( \ \ \\ ,...... . -'... I . .. . I -,- r .. r .... ... .,. I ...t I \ 1'1 I .... I . t,.._.. ,,,. "-",, . '-_"', '\\\) ~ 139.6 - ~ ,... .. ,.....,.....r-.. "'" I.... ,_, tot I..... .\,.... r ..."'.'L"I'L_.......", V \) <O\-- .. I , Drown Oy: Dole: Comm. /lo. QSM.~.(.'.n ~~y.ron " Auoclel.., Inc. I.cl....n _ lrt~lhd.. PI&... fHJO" .)QO r.,. r'~. C...I.,. un , .,......, IU._,.'....'IIW MII..at.U . am ".J.~l. 03/00/94 5210.01 \ .' . .. --- ENCHANTED .DRIVE SCALE I ," = 30 FEEl Sheel/lll. Orowog lille EASEMEN'r SI(ETCII 94-2 SIIOHEWOOD, MINNESOTA .f ~ I CITY OF SHOREWOOD RESOLUTION NO. 95- RESOLUTION AUTHORIZING MAYOR AND CITY ADMINISTRATOR TO EXECUTE NON-DISCLOSURE AGREEMENT WITH HENNEPIN COUNTY . WHEREAS, the City of Shorewood (City) has a desire to obtain electronic parcel specific data from Hennepin County (County); and WHEREAS, this information is required to facilitate the development of a City-wide water implementation plan; and WHEREAS, in order for the City to obtain the desired information, the City must first execute a Non-Disclosure Agreement with the County, establishing criteria for the use of such data. NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council hereby authorizes and directs the Mayor and the City Administrator to execute the N on-Disclosure Agreement on behalf of the City. ADOPTED by the Shorewood City Council this 9th day of October, 1995. . Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator tFaE. Agreement No. CONDITIONAL USE AGREEMENT GOVERNMENT ENTITY THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN (Taxpayer Services Division - Survey Section), a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County", and the City of Shorewood hereinafter referred to as the "Entity". For purposes of this Agreement, the address of the County is A703 Government Center, Minneapolis, MN 55487-0073 and the address of Entity is 5755 Country Club Road, Shorewood, MN 55331-8927. WITNESSETH: WHEREAS, the County has developed a proprietary geographical digitized data . base which was designed and built to be used in conjunction with "Ultimap", an automated mapping facility software product (which proprietary geographical digitized data base is hereinafter referred to as "Proprietary Data Base" and which is described in Exhibit A, attached hereto and hereby made a part hereof); and WHEREAS, the Entity desires to use the County's Proprietary Data Base in the course of conducting the Entity's business; and WHEREAS, the County intends that any additions and modifications to the Proprietary Data Base relating to the County remain wholly compatible with the County's Proprietary Data Base for the period of the copyright and information added to the database by either the County or the Entity shall be made available to either party; and WHEREAS, in acknowledgement of the Entity's above stated purpose, the County is agreeable to provide to the Entity the Proprietary Data Base described in Exhibit A; and . WHEREAS, the parties agree that the execution of this Agreement is necessary in order to adequately protect said Proprietary Data Base; NOW, THEREFORE, in consideration obligations herein made and undertaken, legally bound, hereby agree as follows: of the premises, the parties hereto, as well as the intending to be Section 1 SCOPE OF AGREEMENT 1.1 This agreement shall apply to the Proprietary Data Base. Section 2 GRANT OF LIMITED LICENSE 2.1 The County hereby grants the Entity a non-exclusive and nontransferable license to use the Proprietary Data Base. Said license shall commence on the date of approval of this agreement by the County and shall extend throughout the term of the copyright unless terminated sooner, in accordance with the provisions hereof. 3.1 . . 4.1 Section 3 ACKNOWLEDGMENT OF PROPRIETARY INFORMATION RESERVATION OF TITLE The Entity acknowledges and agrees that the Proprietary Data Base are the exclusive property of the County and include commercially valuable information which reflect the effort of skilled development experts and required the investment of considerable amounts of time and money, and that the County has treated such trade secret and Proprietary Data Base as confidential information, which County entrusts to the Entity in confidence to use in the conduct of the Entity's business. The Entity agrees that the County owns and reserves all rights, protection and benefits afforded under federal copyright law in all Proprietary Data Base furnished to the Entity as unpublished works, as well as all rights, protection and benefits afforded under any other law relating to confidential and/or trade secret information respecting said Proprietary Data Base, and that the Entity will abide by all relevant laws, rules, regulations and decisions which afford protection to the County for its confidential and trade secret information and said copyright. This agreement does not effect any transfer of title in or to any Proprietary Data Base of the County. The Entity acknowledges that it is granted only a limited right of use of such Proprietary Data Base, which right is not coupled with an interest, and the Entity shall not assert nor cause or cooperate with others to assert any right, title, or interest in any Proprietary Data Base of the County. Section 4 PROTECTION OF PROPRIETARY INFORMATION Obligations of Confidentiality; Limitations of Use. The Entity shall neither disclose, furnish, sell, transfer nor disseminate, in whole or in part, the Proprietary Data Base of the County furnished to the Entity to (1) any other person, firm, entity, or organization, except as expressly authorized hereunder; or (2) any employee of the Entity who does not need to obtain access thereto in connection with the Entity's exercise of its rights under this agreement. Unless specifically authorized in writing by the County, the Entity shall not copy or otherwise reproduce any Proprietary Data Base of the County. Under no circumstances may the Entity disclose or disseminate any Proprietary Data Base to any other public or private entity. The obligations of the Entity to protect confidentiality which are established by this Agreement apply to the Proprietary Data Base itself and not to any graphic representations or products produced by the Entity while using the Proprietary Data Base. 2 4.2 Compatible Data Base Modifications. Unless otherwise explicitly provided in writing by the County, any additions or modifications to the Proprietary Data Base shall be compatible to the preexisting Proprietary Data Base, including but not limited to the program, data base, documentation, map project reference numbers (Exhibit C) and the symbol dictionary (Exhibit D) provided by the County pursuant to this Agreement. To insure standardization and compatibility with the preexisting Proprietary Data Base, the Entity agrees that any additions and modifications to the Proprietary Data Base shall be approved, in writing, by the County. Requests for additions or modifications to the Map Project Reference Numbers contained in Exhibit C and the Symbol Dictionary contained in Exhibit D shall be directed to and approved by the County Surveyor. Additions and modifications to the Proprietary Data shall be made available to the County for its use and any additions and modifications made by the County will be made available to the Entity for the conduct of its business. 4.3 4.4 Secure Handling. The Entity shall require that all Proprietary Data Base be kept in a secure location at 5755 Country Club Road, Shorewood, MN 55331-8927, and maintained in a manner so as to reasonably preclude unauthorized persons from having access thereto. The Entity shall devote its reasonable efforts to ensure that all persons afforded access to Proprietary Data Base protect same against unauthorized use, dissemination or disclosure. Except for off-site backup, the Entity shall not remove or cause or allow to be removed from the Entity's place of business or the place of business of any Proprietary Data Base or any copy thereof without the prior written consent of the County, which consent shall not be unreasonably withheld. . Assistance of the Entity. At the request of the County and expense of the Entity, the Entity shall use good faith and reasonable efforts to assist the County in identifying any use, copying, or disclosure of any Proprietary Data Base by any current or former Entity personnel - or anyone else who may have come in possession of said Proprietary Data Base while the same was in the Entity's possession - in any manner that is contrary to the provisions of this Agreement so long as the County shall have provided the Entity with information reasonably justifying the conclusion of the County that such contrary use may have occurred. . 4.5 Survival of Confidentiality Obligations. The Entity's obligations respecting confidentiality of the Proprietary Data Base shall survive termination of this Agreement for any reason and shall remain in effect for as long as the Entity continues to possess or control any Proprietary Data Base furnished by the County. In addition, the County shall remain entitled to enforce its copyright and proprietary interests in all Proprietary Data Base. 3 Section 5 TERM, TERMINATION 5.1 This agreement shall continue for the period of the copyright beginning from the date hereof, unless sooner terminated by either party upon thirty (30) calendar days written notice to the other. The termination of this Agreement shall automatically and without further action by the County terminate and extinguish the license. In the event of any such termination, the County shall have the right to take immediate possession of said Proprietary Data Base, and all copies thereof wherever located, and without demand or notice. Within five (5) days after the termination of this Agreement, the Entity shall return the Proprietary Data Base, all copies thereof to the County, or upon request by the County, the Entity shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. 5.1.1 . 5.1.2 6.1 . It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy but shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity or statute. The County's failure to insist upon strict performance of any covenant agreement or stipulation of the contract, or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant, agreement, stipulation or right, unless the County stipulates thereto in writing. Any such written consent shall not constitute a waiver or relinquishment of such covenant, agreement, stipulation or right. Section 6 INJUNCTIVE RELIEF The Entity acknowledges and agrees that disclosure or use of any confidential or Proprietary Data Base contained herein could cause irreparable harm and significant injury to the County, which may be difficult to measure with certainty or to compensate through damages. Accordingly, the Entity agrees trhat the County may seek and obtain against the Entity and/or any other person or entity injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other equitable or legal remedies which may be available. 4 Section 7 MISCELLANEOUS 7.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 7.2 7.3 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, condi tions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.4 Entire Agreement. This Agreement constitutes the entire Agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 7.5 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.6 THE ENTITY AGREES THAT THE COUNTY IS FURNISHING THE PROPRIETARY DATA BASE ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR WARRANTY, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE PROPRIETARY DATA BASE. . THE COUNTY'S SOLE LIABILITY AND THE ENTITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PROPRIETARY DATA BASE FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT . 7.7 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this contract by the County. 5 The Entity shall defend, indemnify and hold the County, its officers, agents and employees harmless from (1) all liabilities arising out of performance or failure of performance of this contract by the County of any nature whatsoever, except to the extent any such liability is caused by a negligent or intentional act of the County, and (2) any liability, claim, damages, costs, judgments or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Entity, its agents, employees, officers or contractors in the performance of this contract, and (3) all loss by reason of the failure of said Entity to perform in any respect all obligations under this contract. Nothing herein shall be deemed a waiver by either party of the limitations on liability provided in Minn. Stat. Ch. 466. 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To The Entity: City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 . To Hennepin County: Hennepin County Administrator A-2300 Government Center Minneapolis, MN 55487-0233 Copy to: Manager, Taxpayer Services A-600 Government Center Minneapolis, MN 55487-0060 Copy to: Hennepin County Surveyor A-703 Government Center Minneapolis, MN 55487-0073 7.9 Whereas Clauses. The matters set forth in the "Whereas" clause on page one of this Agreement are incorporated into and made a part hereof by this reference. . 7.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the Entity under Sections 3,4, 5, 6, 7.6, 7.7 and 8.3 hereof and the obligations and warranties of the Entity which by their sense and context are intended to survive the performance thereof by the Entity, shall so survive the completion of performance and termipation or cancellation of this Agreement. 6 Section 8 FEES 8.1 Fees for the Proprietary Data Base shall be calculated pursuant to the "Pricing Policy for Products" contained in the County's Administrative Manual, Section P-9. The terms and conditions of payment are contained in Exhibit B and are made a part of this Agreement by reference hereto. 8.2 The full amount of the fee will be paid to the County no later than twenty (20) days after receipt by the entity of an invoice for the Proprietary Data Base. 8.3 In the event the Entity and the County enter into a contract subsequent hereto wherein the County furnishes to the Entity additional Proprietary Data Base, whether the same as or different from the Proprietary Data Base described in Exhibit A, the type and/or amount of fee charged hereunder shall in no manner preclude or affect the right of the County to charge the Entity for said additional Proprietary Data Base (at a commercial rate pursuant to the authority of the County). . . 7 . . Entity, having signed this contract, and the County having duly approved this contract on , 19____, and pursuant to such approval and the proper County official having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality form and execution. COUNTY OF HENNEPIN STATE OF MINNESOTA Assistant County Attorney County Administrator Date: Date: City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 By: Title: MAYOR And: Ti tIe: CLERK / CITY MANAGER (Plan A City)-(Plan B City) 8 EXHIBIT A OF AGREEMENT PROPRIETARY DATA BASE PROVIDED TO (THE ENTITY) BY THE COUNTY 1. Response to a list of data base elements requested indicating which data is available from Hennepin County's "MAPS" data base. 2. ULTIMAPS data base extract format and requested data from Hennepin County's "MAPS" data base for segments and/or records requested in Item /11. 3. PROPERTY INFORMATION SYSTEM data base extract formats and requested data for the following data bases to facilitate locating property addresses, and ownership data. a. Current Year Tax data base extract format (PID02). 9 . . . . EXHIBIT B OF AGREEMENT PAYMENT TERMS AND CONDITIONS Pursuant to the Hennepin County Pricing Policy for Products as it relates to Hennepin County Political Subdivision are as follows: ** Personnel Services - base salary + current year overhead rates ** Supplies - tape, disk, cartridge, etc. ** Current Year Tax Data Base Extract (PID02) $ 40.24 $ 1.50 - 25.00 $ 200.00 ** These charges will be adjusted by the County effective on the 1st of each year subsequent to the execution of this contract. 10 EXHIBIT C OF AGREEMENT HENNEPIN COUNTY MAP PROJECT REFERENCE NUMBER USAGE To keep the Property Maps Data Base compatible within the scope of available reference numbers, it is hereby required that the Entity restrict its activity to the range of reference numbers that fall between: 3,200,000,000 - 3,202,999,999 If the Entity is creating data bases for purposes wherein compatibility is not an issue, then the above restriction does not apply. 11 # . . .. . . . . EXHIBIT D OF AGREEMENT HENNEPIN COUNTY MAP PROJECT SYMBOL DICTIONARY To keep the Property Maps Data Base compatible within the dictionary usage of all end users, it is hereby required of the users in the distribution network to: 1. Utilize existing spaces in the Symbol Dictionary from entry number 1600 through number 3200. Numbers 0-1599 will be reserved for future expansion. 2. Coordination of additions or changes within existing symbols with the Hennepin County Surveyors Office Symbol Coordinator. 3. Do not eliminate items from the parent categories of Property, Survey and/or Waterway. If the Entity is creating data bases for purposes wherein compatibility is not an issue then restriction does not apply. 12 '],0 . . .. .. LHDL. LTD. 7-07-1995 15:07 PAGE 2/2 RightFAX City of Shorewood State of?vCinnesOta. PETITION FOR LOCAL IMPROv"L'\r(ENT '7- ~ p .1995 To the City Council of Shore wood, Minnesota: WE. THE LJNDERSIGNED OWNE...U of the real property described as: A. 6 r<. E. IU P;t III.- ! JIv'I Ii R'Ii.. EE P /?/li.. , hereby petition, pursuant t? MinnesOta. Statutes. Chapter 429, for the foilowing public ;~'P'tt"''''''..o:."...~-'' i..l461"'4\" "...........-......u..,). I LVcerVL- ~~ ~...__ ~~-dz_~~ A?;) EACH O'WN'ER FCRTHER. AGR....~S, in consideration of the City aC"'..ion at our request to c:J.Use construction of the above-described improvement, to pay such sums as may be determined by the City to be a fuir and reasonable apportionment of the cOsts of said unprovemem. OWNE..~ EXPRESSL Y W AlVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof, waives any claim that the amount thereof levied against: owner's property is excessive; and waives all rights of appeal in the courts. Date Signatu...-e of Owner Print Name of Owner Description of Pro perry 1. 9-;; p 2. f'-A {) t/ /l.-<,..;1- 8. f) Lo,f E p f'ilfI L I'Il,(t 0/ /...0 T Z ?/~.32-1 /7- ;).31'1.._, ~ t.2::tl4- "0 :2~ 711' O'?M.i'.u; .f1;'Z /t/JJK,f/1.EE fdlli.. SH,f'JE.i9S 11 b DIIE ... .:l. 4. Examined, checked, and found to be in proper form and to be signed by the owners of the above-stated quantity of property affected by the making of the improvement petitioned for. Cit"y' Clerk 01196:49.01 #3F . . LMCIT EXCESS LIABILITY COVERAGE Cities obtaining excess coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory liability limits to the extent of the excess coverage purchased. This decision must be made by the city council. CITIES PURCHASING EXCESS COVERAGE MUST COMPLETE AND RETURN THIS FORM TO LMCIT BEFORE THE EFFECTIVE DATE OF THE COVERAGE. For further information, refer to the accompanying memo. City officials may also want to discuss these issues with the city attorney. The City of SHOREWOOD accepts excess liability coverage limits of $ 1 , 000 , 000 . from the League of Minnesota Cities Insurance Trust. Check one: --X. The city DOES NOT WAIVE the monetary limits on tort liability established by Minnesota Statutes 466.04. - OR- _ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the excess liability coverage obtained from the League of Minnesota Cities Insurance Trust. Date of city council meeting: Signature: Position: Return this completed form to Berkley Risk Services, 920 Second Avenue South, Suite 700, Minneapolis, MN 55402-4023. 4/92 LMCIT31 (2) #3& MAYOR Robert Bean COUNCil Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DAlE: RE: FILE NO.: Mayor and City Council Brad Nielsen 5 October 1995 Larson, Alan - Request to Vacate Drainage and Utility Easements 405 (Property - 4320 Dellwood Lane) Mr. Larson is the owner of two previously platted lots located at 4320 Dellwood Lane (see Site Location map - Exhibit A, attached). Mr. Larson has combined the two lots in order to build a detached garage on the westerly lot. He now wishes to expand his existing home onto the lot, necessitating the vacation of drainage and utility easements which abut the old lot line between the lots (see Exhibit B). In order to consider Mr. Larson's request it is necessary for the City Council to set a public hearing date. Since the legal notice for the public hearing must be published twice in the official newspaper, the earliest the hearing can be scheduled is 13 November. It is recommended that a hearing be set for 7:15 p.m. on 13 November 1995 . cc: Jim Hurm Tim Keane Larry Brown Alan Larson A Residential Community on Lake Minnetonka's South Shore 3. H. ('.J ~ @~ ..... > o (,;l . . U) @5 . tP2> -l ..... > o (,;l I I \ I I I I I >- 4: I co ~ I (j) 0- " I -l ~ .1.~ UJ :c ~o~",., a... .....- .. i- I ...~~:... ~C Q ~ i- ~~ ~ .. \ -~ --z:.- ;:~ ~ ~IR in:!.' ~ c: " ~ J. ~ ~ - --1~ ~ .~ ~ -D -+- ~{) ..._ .."I'1.rl_ -j- ';;'" : '<\~l~ ...............~. ~ r;' t\ n " ..." ~ i ~ \:,::"''<' ~ 4- ':."; ~ .. ';:'::.i...a ~ , ~ ~ ~ ~ ~ ~ ~ ........." ~oo.. vI'., l,~','" Ola Exhibit A SITE LOCATION Larson - Easement Vacation .,.. ~.~ j'-.+- I - /;~ 1~.,J . ~ .~6. ......9 \;, ~ ~\ . , ,., \~ 'N ../8 l- "....~. O ;: 0'/ .. -.J "'-; i '\ " < ,0 _ ~::...,n, ~ , C~ ~- ~~~.~ ~ ..:... ) r... ~c - ..; ~ ~ ~ " - .- ~ '''. ~ ~ ~ -~.......-" x ~: < <~ ~.- :"~ ......... ;' ,","",~.; ~'~ ~--': ,~ 4/ J ,::-"3 Ct:f~ __~ '" ~~C} , ':P-p~J/ ~ '-'-'-'8 '" ~ )"< z /;:.- ^~ ~~ 3: .~o ~ ,", /'/ -~---: ~ :r.' I >-- I' A-oO ; ."/h '"'<"F c ~ ~ ~ / ~~ . / "'< ~~ ~ ~ ,0 ~:5 /!. ~. ~ ~ 'g; '7r J "i ,~;f':i; , }-INO; ~ ~'--<.J-I \\ t/<.:?,::s~. / "" ., < -' , I. 8 · e.;j -, j' 0>~' :;_\,!-:~ ~ -~""I~ . . ~. t '-~'::.c6. ~l . So _-i' " /~. . ,- - ~__, ,~ /,;.':1f~ ,,~Q,. .., /~ . /; . ,.. "., \0> ~ < ~ "" > E o \ 1 ;. ,/+\ ~\ ~ V' \\ ;\~ >- "'\ '> ~ \~ ~ ~~.t II : ''); (. \ 1'1 ': & ~ ~ 1'~ \ ~ o 0\ I -\ z' ...,. ;- ,> ~ .> t ,> n .... r ~ i ( \,. '-, ~ ~ '" ''-( //' .. ~' ~y ~-{! "iC-o~ ~ ~ ~ ~~~ ~ ,e ~ w ~, 4- -:? -z.. o \-"" u..l -z. -; -; . /c~. ), I~ ~ j'} 1\-..,.", ., , 4// I ". >- ~..:. ',-, . ~6 ~ \i ~ '-.J ,;Io,d " ~; llgt't'e~ J,'.;;):''?,'~' (; \, Vl( //, .~/ \ 0......-. \ ~/ /. " -- /." ~ ~ No L&'~ ~~/ / ~<o ~ s' . ,.:...f.s:'.,:: Jif.-' '. ---- ;::-....., -- -"= -..-. - ---- Exhibit B PROPERTY SURVEY Shows Easements to be Vacated NlEMORANDUM . TO: FROM: DATE: RE: FILE NO. MAYOR Robert Bean COUNCil Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 Mayor and City Council Brad Nielsen 6 October 1995 Sign Permit - We Care Hair (Waterford Shopping Center) 405 (Sign Permits) Neon Images, on behalf of We Care Hair, has requested a sign permit for the Waterford Shopping Center (see Exhibit A). The sign is somewhat different from other signs in the Shopping Center in that it is located in one of the two triangular entry canopies for the center. Due to the way the tenant spaces have been divided up, the We Care shop is located entirely under the easternmost canopy. Consequently, it is the only place their sign can be located. .. Upon review of the original sign plan, this is not considered to be inconsistent with the previously approved plan. Approval is recommended. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Jim Hurm C. Ronald Stein A Residential Community on Lake Minnetonka's South Shore 3.1. CONDUIT BY INSTAlltRS we (.a,-e I,ai,- I J 37' 6" . 1 t'\ t~,- ~ 0"'. ~: }> T 18" 1 t · T . c.ar. . lOlr r I 15' 6" I J ... . #2793 Red faces, Silver trimcap, #313 Bronze aluminum returns . . . . MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 6 October 1995 Smithtown Meadows - Final Plat 405 (94.11) Abingdon Development Corporation has submitted an application for final plat of their Smithtown Meadows project, south of Smithtown Road, just east of Eureka Way. Although the City Engineer has some technical concerns with the plans and specifications, the final plat appears to be consistent with the preliminary plat which was approved in ApriL One item which has not been received as of this writing is a landscape plan showing replacement of removed trees. While approval of the final plat is recommended, it should not be released until the developer has received approval of a landscape plan from this office. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurtn Tim Keane Larry Brown Ed DeLaForest Chuck Dillerude A Residential Community on Lake Minnetonka's South Shore 3.J CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF SMITHTOWN MEADOWS WHEREAS, the final plat of Smithtown Meadows has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Smithtown Meadows is hereby approved. . 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for Smithtown Meadows, attached hereto as Attachment I and made a part hereof. 3 . That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City CounciL 4. That the [mal plat, together with this resolution and the Development Agreement attached hereto as Attachment I and the public road easement attached hereto as Attachment II, shall be ftled recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record e>. ... forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood . City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of October, 1995. . Robert B. Bean, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk . . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT Sl\.1ITHTOWN MEADOWS THIS AGREEMENT, made this day of , 1995, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation. hereinafter referred to as the "City", and ABINGDON DEVELOPMENT CORPORATION, a NIinnesota corporation, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands located in the City of Shorewood, County of Hennepin, State of Minnesota, which lands are hereinafter referred to as the "Subject Property" and are legally described as: "Outlot A and Lot 1, Block 1, Jaeger Addition"; and WHEREAS, Developer proposes to develop the Subject Property into six, Single-family residential lots; and WHEREAS, the Developer has made application for a preliminary plat with the Zoning Administrator of the property, which plat was considered by the City Planning Commission at their meeting held on 5 July 1995, and at a meeting of the City Council on 24 April 1995; and WHEREAS upon recommendation of the City Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in Resolution No. 95-36; and WHEREAS, the Developer has filed with the City the Final Plat for "Smithtown Meadows", a copy of which plat is attached hereto and made a part hereof as Exhibit A; and NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 95-36, incorporated herein as Exhibit B. In addition, development of the Subject Property is subject to the requirements of the R-IC, Single-Family Residential zoning district. 2.) Improvements Installed bv Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) Street grading, stabilizing and bituminous surfacing; (02) Surmountable concrete curb and gutter; (03) Sanitary sewer; (04) Storm sewer and surface water drainage facilities; (05) Watermains and service connections; (06) Street name signs and traffic control signs; (07) Required landscaping and reforestation; 1 ATTACHMENT I consistent with the plans and specification prepared by Sathre-Bergquist, Inc. dated 7 September 1995, and received and approved by the City Engineer on 2 October, 1995. It is understood that the above improvements do not include any of the "Public Improvements" to be constructed by the City in extending City water to the property. It is further understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the fmal plat titled Smithtown Meadows for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit A. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. 4.) Preconstruction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a preconstruction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - Ail of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications. and shall be subject to inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the sqtisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by .. . this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by I October, 1996. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. . 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as- built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to fIle said "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any furtl).er construction within the plat. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, and thereafter promptly assign said easements to the City. 2 . . 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking. Surveving and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading. Drainage. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all din and debris resulting from construction therein by the Developer, its agents or assignees. 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancv Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2 are completed and approved by the City Engineer. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Convevance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and ~ncumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 3 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with ail matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed arid furnished by the Developer as set forth in paragraph 2 above, shaH be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and . supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1 ,000,000.00. The . City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with ail laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. . 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $6000 ($1000 for each lot) as local sanitary sewer access charges. 4 26.) MunicipaI Warer Charges - Developer agrees that a special assessment will be levied against the lots in the amount of thirty thousand dollars ($30,000) (five thousand dollars [$5000] per lot) for City water. - Developer further agrees to pay trunk charges in the amount of thirty thousand ($30,000) (five thousand dollars [$5000] per lot) to be levied against said lots. Developer has requested, and the City agrees, that these charges and the speciaI assessments will be paid as an assessment ao-ainst each lot and will be paid over a period of not to exceed fifteen (15) years at an interest rate ~ot to exceed seven percent (7%). 27.) Park Fund Pavment - Developer shaII, prior to release of the final plat by the City, make a cash payment to the City in the sum of $4500 (6 x $750) for the Park Fund. 28.) Notices - AU notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, ail notices, certificates and communications to each of them shall be addressed as follows: . To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes A venue South Minneapolis, Minnesota 55431 Anthony Eiden Abingdon Development Corporation 4100 Berkshire Lane Plymouth, Minnesota 55446 To the Developer: . 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfIllment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of ail liens and encumbrances. 30.) Indemnification - The Developer shaII hold the City harmless from and indemnify the City against any and ail liability, damage, loss, and expenses, including but nor limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the Cit~ shall not be personally liable or responsible in U?y manner to the Developer, the Developer'S contrac.tors or 5 subcontracto~s, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claIm, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. - 3 1.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of any Declaration of Covenants, Conditions and Restrictions for review and approval by the City prior to recording. 32.) Remedies Upon Default - (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) . days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein. the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. . (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement. or to prevent use or occupancy of the proposed dwellings. 33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 34.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 6 . . 35.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterpartS, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefIt of their respective legal representatives. successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year fIrst above written. ABIN'GDON DEVELOPMENT CORPORA TrON CITY OF SHOREWOOD By: Anthony Eiden, President Its: Mayor ATTEST: City Administrator/Clerk STATE OF MINNESOTA ) ss.) COUNTY OF HENNEPIN) On this day of , 1995, before me, a Notary Public within and for said County, personally appeared Robert B. Bean and James C. Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public 7 STATE OF MINNESOTA ) ss.) COUNTY OF HENNEPIN) On this day of , 1995, before me, within and for said County, personally appeared Anthony Eiden, President, Abingdon Development Corporation, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public THIS INSTRUMENT WAS DRAFfED BY: Shorewood Planning Department EDITED BY: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes A venue South Minneapolis, Minnesota 55431 (TJK) . . 8 ci z ~I ~I en ~ o o <t UJ 2 z ~ o r- ::c r- - 2 en . oJ: '- " . ,- ., .... j '- .~.. " '. . , , ~~ : I Ii:; . '.u : ~ ! i'~ H~;~i ..--~-- 11"~'f ~ -~~-., I l:i:: 'i l:' !:Tl.l :; .-; r::~::; : ( : ........14 ii I. ;~:j~ II :::;~ FX.~H~i ~! Ii il 'f.... > ,- j U 1~:~H ;: . . .. '1"1' '. 1 11 l~i'~q " 1 I J. i :ii:.F~! 'I is .. i:i i;;I! .j , u , it ~~i~g! l. . j :;~ n H ; ,. ,a ( t iii . ~.I' ;1 '., j :J i ,. 1 j !!.ri i ... ..- '..: t i , H l~ -. 13 iUfl fI " " Hi,Hm '. :~ l' " <I ,\ -. .. ~i: ,. H ~ ;. :t .1 't' :: iF If' ii.'J~:H i: j.1 h ''1 ;H; lJlJ H " i: ~ !~t .j 11: Ht i!!i~HI .:': t !, r !~, '1 :s, n, I l'!t ;~~llll1: ~ : H;. i.fj it. I', :1 ill ., . " !lllmll iI. ; ;; II :.4 ,u IJ :J 1: ,I i!; Ht i i~ii j! i.1 :H! . ~I . ~ J ;tH l~ !!! " '1 t~Ji i' ~ }~ iJ H~ t, d'f Ht 11, ;) i".1j .\ t.lI : : I! .~ ~ , t if /" i' !'f ;!i, 'j H~ I; f .1 q;iiHii :I.: r ~ ji l;} H , J; ;If " ,;i in ,. 'itt if. II H ,; J. !Hn1~11 H 1 fi f~ J.iu u.c. uti .. ld ~. ; ~ (........ ....... ~ :.': A :. :: ! ~ ~~ ~ ".( ~~ ,-- ...,1. :~ ~;,';;/"''' 1 .,,/,:. ~ I" '- ~:"t- '~~i !}t ;:"i ;:l. ;~ .J ~ ~! ~i 01 ~I ~I l.U; !! .... ..: OJ' ! i~ : i~ .., . " '<!:-, '~" \, . ........ '~"... ~ '.. .. \. '!', \. "~'.} "~" \. "~:.. .' \. ':, :. -;. .., .... '.. ~:;.. g ~5 .! .,.....~ :"\ '.~ ~ '~l ~~~f'. '44: ..~.;': .~:":~ .~:~':" Exhibit A FINAL PLAT Smithtown Meado\v" CITY OF SHOREWOOD FIL E COpy RESOLUTION NO. a~_1f, A RESOLIJTrON GRANTII.'iG PRELlN1lNARY PLAT APPROVAL FOR SivITTHTOVVN YIE.WOWS \iV11EREAS. Abingdon Development Corp. (Applicant) has an interest in certain land within me Ciry of Shorewood and has applied to me Council for preliminary plat approval of a plat (0 be known as Smichtown Meadows; and WHEREAS, me Applicant's request has been reviewed by che City Planner and his recommendations have been duly ser forth in Memoranda (0 me Planning Commission. dated 30 June 1994 and 30 March 1995, which Memoranda are on file at City Hall; and WHEREAS, me Applicant's request has been reviewed by me City Engineer and his recommendations have been duly set forch in a letter co the City Planner. dated 27 June 1994, which letter is on file at City Hail; and W11EREAS, a Public Hearing was held by the Shorewood Planning Commission on 5 July 1994, for which notice was duly published and all adjacent property owners duly notified. . NOW, THEREFORE. BE IT RESOL VED by the City Council of the City of Shorewood as follows: 1 0 That the Applicant's request for preliminary plat approval of Smichtown Meadows is herebv aooroved. , . ... 2. That such approval is subject co me recommendations set forth in che City Planner's Yfemoranda. dated 30 June 1994 and 30 March 1995, me recommendations set forth in the City Engineer's letter. dated 27 June 1994, and the terms and conditions contained in the minutes of che Planning Commission meeting of 4 April 1995 on file at City Hall. . ,A..QOPTED BYTIIE CITY COlJNCTI. OFTIIE mY OF SHOREWOOD this 24th day of April, 1995. ATrEST: ;1 (' II / ~ .'i/Yl14 \...... !;f-1./(/1/1/1/' James C. Hurm, City AdminiscratoriClerk " / ,), '--"_J,' f-<tu..u~ 37'-:d-~ir'i..__ Robert B. Bean. .iYfayor Exhibit B SHOREWOOD RESOLUTION NO. 95-36 Preliminary Plat - S mithto\vn yleado\\'~ 0' EASEMENT THIS AGREEMENT made this day of 1995, by and between the Hennepin County Regional Railroad Authority (HCRRA), a political subdivision and local government unit, of the County of Hennepi~ State of Minnesota, ("GRANTOR"), and the City of Shorewood, a municipal corporation under the laws of the State of Minnesota ("GRAL'ITEE"). WlTNESSETII, That GRANTOR, in consideration of One Dollar and other good and valuable considerations to it in hand paid by GRANTEE, the receipt of which . is hereby acknowledged, does grant, bargain, sell, and convey to GRANTEE, its successors and assigns, a permanent easement for public road purposes over and across the real property described as follows: That part of HENNEPIN COUNTY REGIONAL RAlLROAD AUTHORITY property situated in the Northeast Quarter of Section 32, Township 117, Range 23, described as follows: . Beginning at the most northerly corner of JAEGER ADDmON, Hennepin County, Mirmesota, according to the recorded plat thereof; thence North 75 degrees 05 minutes 26 seconds West, assumed bearing along the northwesterly extension of the most northerly line of said JAEGER ADDmON. a di~tance of 30.00 feet; thence South 14 degrees 54 minutes 34 seconds West; a distance of 44.43 feet to the northwesterly line of said JAEGER ADDmON; thence North 48 degrees 56 minutes 08 seconds East along said northwesterly line of JAEGER ADDmON a distance of 53.61 feet to the point of beginning. Together with: A temporary construction easement which lies 15.00 feet westerly of and parallel with the westerly line of the above described property. ATTACHMENT II ~~P-26-95 TUE 10:15 Said temporary construction easement shall expire on ,19_ The above~descnbed easement includes the rights of GRANTEE, its contractors. agents and employees to do whatever is necessary foe enjoyment of the rights granted herein including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said roadway and the rights of the public to traverse over and across the same and all other related uses thereof. GRANTOR covenants that it is the Owner and is in possession of the above-described premises and bas lawful right and authority to convey and grant the easement described herein. IN WITNESS WHEREOF, the undersigned bas caused this instrument to be duly executed as of the day of , 1995. GRANTOR HENNEPIN COUNTY REGIONAL RAILROAD AUTIIORITY By: Its: P.03 . . :::>c:.,....--~O-7.J I VI:;. "'~..l.0 STATE OF MINNESOTA ) )55: COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 19 _ by the of Hennepin County Regional Railroad Authority, a Minnesota political subdivision and local government unit, on behalf of the Authority. Notary Public . ATTESTATION CITY OF SHOREWOOD By: Its: The foregoing instrument was acknowledged before me this _ day of 19 by the ~f City of Shorewood, a municipal corporation under the laws of the State of Minnesota. . Notary Puolic THIS INSTRUMENT WAS DRAFTED BY: Michael T. Hoekstra Attorney at Law (Attorney for Abingdon Development Corporation) 19075 Easton Road Wayzata, MN 55391~3126 CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION PROCLAIMING RAKE-A-THON DAY-YOU CAN MAKE A DIFFERENCE DAY WHEREAS, Minnetonka Community Education and Services (MCES) has hosted an annual Tonka Rake-A-Thon for the past eight years; and WHEREAS, MCES has scheduled the annual event for October 28 of this year; and WHEREAS, this program provides seniors with needed efforts in maintaining their lawns; and WHEREAS, this program provides volunteers a chance to make a difference for someone. . NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Shorewood that Saturday, October 28, 1995 is Rake-A-Thon Day-You can Make A Difference Day. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of October, 1995. Robert B. Bean, Mayor ATTEST: . James C. Hurm, City Administrator/Clerk 1t3K CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF BIRCH BLUFF LAKE VIEW ADDITION WHEREAS, the final plat of Birch Bluff Lake View Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1 . That the plat of Birch Bluff Lake View Addition is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Water Assessment Agreement, attached hereto and made a part hereof, on behalf of the City Council. 3. That this final plat shall be filed and recorded within (thirty) 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day of October, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 3. L.L. CITY OF SHOREWOOD WATER ASSESSMENT AGREEMENT THIS WATER ASSESSMENT AGREEMENT is entered into this day of , 1995, by and between Brian and Darlene Fredrickson (Property Owners) and the City of Shorewood, a Minnesota municipal corporation (the City). RECITALS: WHEREAS, the Property Owners are the fee owners of real property (hereinafter "the Property") legally described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the City did or shall undertake the construction and installation of a municipal water system to serve the Property; and WHEREAS, the Property Owner did apply to the City for the division of the Property to create a new buildable lot (hereinafter the "Buildable Lot") legally described as: . and "Lot 1, Block 1, Birch Bluff Lake View Addition, Hennepin County; Minnesota"; WHEREAS. the Buildable Lot will benefit from access to municipal water at such time it is provided by the City; and WHEREAS, the parties intend that the Property Owners of the Buildable Lot shall promptly pay for the cost of the construction and installation of the municipal water system (hereinafter the "Water Assessment") at the time municipal water is made available to the Buildable Lot. NOW, THEREFORE, in consideration of the promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: . 1.) The Water Assessment is fair, reasonable, not subject to appeal and shall be promptly paid by Property Owners at such time as water is made available to the Buildable Lot. 2.) This Water Assessment Agreement binds and benefits the Property Owners and the City and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Water Assessment Agreement on the day and year first above written. . . . CITY OF SHOREWOOD PROPERTY OWNER By: By: Its: City Administrator/Clerk By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1995, by , the City Administrator/Clerk of the City of Shorewood, a Minriesota municipal corporation on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1995, by day of Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1995, by day of Notary Public This instrument was drafted by: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431-1194 (TJK) Leea1 Description: "That part of Lots 7 and 12, lying East of a line drawn parallel to and distant 10 feet West of the East line of said Lots 7 and 12, and all of Lots 8, 9, 10 and 11, Block 1, all in Mann's Addition to Birch Bluff. ALSO: That part of Block 8, lying East of the extension of a line drawn parallel to and distant 34 feet West of the East line of Lots 7 and 12, Block 1, and extending from the North line of Block 8 to the South line of Block 8, all in Mann's Addition to Birch Bluff." . . 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I I I I I I I ----- oj' o . ----- OJ ~ '<t '<t w ,34 o o o o o o o Z N 89034' 58" W 166.19 '. ~-- u~ so..,n. lINE or B.OCk 8 I ..--l . ---- L--- os 12.5 ---' r 25 I, I I I I I I I . .1 ....../ ~.....I ~~}:.I w....1 L-------- 8(,.-.': o .. ____ 0:,;,' r-- z"'" I .:;:: I I I I I I I I ~- L !-\ r\ ~ o 40 ~-- SCALE DRAINAGE AND UTILITY EAS I I I I I I I 110 I , I I ;! BEING 10 FEET N wnw UNl.ESS OTltERWISE It40IGA 1 Lta..ESS OTHERWISE t()ICA rEO AIV ADJOINING RIGllI. TltE soum LINE OF Bl. OCI< 8. IolAI IS ASSlJIo4EO TO BEAlt NORTH 89"] /51 i!~T5l~' ,c-~;~~.:_ J: \ Hennepin CoJlbt" , &1 An Equal Opportunity Employer --.;.~. i - James M. BllUre\, Cl'lHH\ Aclmmhtratl1r September 28, 1995 Mr. Jim Hurm City of Shorewcod 5755 Country Club Road Shorewood, Minnesota 55331 . Re: Hennepin County Housing Rehabilitation Deferred Payment Loan Program Dear Jim: Enclosed is the Repayment Agreement associated with John and Robert Levering, 25170 Yellowstone Trail. Please have the document signed by yourself and the Mayor before returning it to this office for recording. You will note that the loan amount is not included because we are now executing the Agreement before the rehab work is completed. Thank you for your assistance; If you have any questions, please call me at 541- 7092. . Sincerely, ftitn:~~ Matt Moore Senior Planning Analyst Enc Office Of Planning & Development Development Planning Unit 10709 Wayzata Boulevard, Suite 260 Minnetonka, Minnesota 55305 (612) 541-7080 FAX:(612) 541-7090 Recycled Paper #:3frJ CITY OF SHOREWOOD HENNEPIN COUNTY REHABILITATION LOAN PROGRAM DEFERRED LOAN REPAYMENT AGREEMENT This AGREEMENT, made and entered into this day of ,1995, by and between John A. Levering and Robert H. Levering, joint tenants, (hereinafter collectively referred to as -Borrower'), and the City of Shorewood , a public body corporate and pOlitic of the State of Minnesota, having its principal office at 5755 Country Club Road (hereinafter referred to as "Lender". WHEREAS, Lender has paid Dollars ($ ), on Borrower's behalf as a no-interest loan for rehabilitation work on existing residential housing owned and occupied by Borrower (hereinafter referred to as "the Loan'), the receipt and sufficiency of which is hereby acknowledged by Borrower primarily to improve the conditions relating to health, safety, and energy efficiency of said housing, or to provide essential accessibility improvements, said real estate being legally described below: and WHEREAS, Borrower and Lender desire to set forth herein the provisions for Borrower's repayment . of the Loan, and to provide for securing said repayment with a mortgage on the property described below (hereinafter referred to as "the Lien'), NOW, THEREFORE, in consideration of said Loan the parties hereto do hereby agree as follows: 1. Borrower covenants and agrees with Lender to pay to the order of Lender the principal sum of the Loan, without interest, at the office of the Lender or at such other place as Lender may designate in writing delivered or mailed to the Borrower, upon the occurrence of any of the following events within the period of fifteen (15) years after the date of the Loan as set forth above: a. If the real estate hereinafter described is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, either while the Borrower is living or by reason of the death of the Borrower (excluding the transfer of said property by joint operation of law or devised to a surviving Borrower joint tenant or former tenant in common), for so long as said surviving Borrower, joint tenant, devisee or owner occupies said property as his or her principal place of residence: or b. If the real estate described below ceases for any reason to be the Borrower's principal place of residence. . Absent the occurrence of the events set forth in paragraph 1 (a) of 1 (b), above, within fifteen (15 ) years after the date of the Loan as set forth above, upon the commencement of the sixteenth year after the said date of the Loan, Borrower, at that time and at any time thereafter, shall have no obligation to repay the Loan or any part thereof to Lender. Repayment of the Loan as required under the terms of this paragraph 1 shall be made to Lender no later than the thirteenth day following the sale, transfer or other conveyance referred to in paragraph 1 (a), above, or following the date upon which the real estate ceases to be the Borrower's principal place of residence as provided in paragraph 1 (b) thereof. 2. Borrower covenants with Lender that Borrower is eligible for the Loan under the following conditions: a. The property described below is the principal residence of the Borrower as of the date of the Loan, and the Borrower has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Borrower in said property to another; and 1. b. The proceeds of the Loan will be used only for alterations, repairs, or improvements on or in connection with the property described below, primarily to improve the conditions relating to health, safety, or energy efficiency of the dwelling located thereon, or to provide essential accessibility improvements thereto; and c. Borrower has made no material misstatement of fact in connection with Borrower's application for the Loan. Borrower further specifically covenants and agrees with Lender that Borrower's default under the provisions of this paragraph 2 constitutes an event requiring repayment of the Loan in the manner provided in paragraph 1, above, and is an event of default under the provisions of the Lien, as referred to in paragraph 5, below. 3. As security for the Borrower's personal covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Borrower hereby grants, and the Lender shall and hereby does have, a Lien on the real estate hereinafter described, together with all hereditaments and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney's fees of collecting the same. The said real estate subject to said Lien is situate in Hennepin County, Minnesota, and is legally described as follows: . All that part of lot 25 of Meekers Outlots to Excelsior described as follows: Commencing at Southeast corner of said lot 25; thence West 120 feet, thence North 22 rods and 2-1/2 links, thence East 120 feet, then South to beginning, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for said County of Hennepin in the State of Minnesota. 4. Promptly after the date of any sale, transfer or other conveyance of the above-described real estate within fifteen (15) years of the date of the Loan as set forth above, or promptly after the date upon which said real estate ceases to be the Borrower's principal place of residence within said fifteen (15) year period, Borrower or his/her heirs, executors, or representatives, shall give Lender notice thereof. . 5. In the event Borrower or his/her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited time period, or otherwise in any way be in default under the terms and conditions of this Agreement, the Borrower confers upon the Lender the option of declaring all sums then owing by Borrower immediately due and payable without notice and confesses judgement in said amount, and hereby authorizes the Lender to enter said judgement, foreclose this Lien by judicial proceedings or sell the liened premises at public auction and convey the same to the purchasers in fee simple in accordance with the statute, and out of the monies arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorneys fees permitted by law, which costs, charges and fees the Borrower herein agrees to pay. The Borrower and Lender further covenant and agree as follows: a. Borrower shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. b. Upon default of any covenant or agreement by Borrower under the terms of this Agreement, Lender prior to foreclosure shall mail notice to Borrower as provided herein specifying Q) the nature of the default by the Borrower, (iO the action required to cure such default, (iiO a date, if such default is capable of being cured by Borrower, not less than thirty (30) days from the date the notice is mailed by Borrower by which such default, if capable of being cured, must be cured; and (iv) that failure to cure such. default on or before the date specified in the notice may result in acceleration of the sum secured by this Lien and sale ofthe Iiened premises. The notice shall further inform Borrower of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration of sale. 2. c. In addition to any notice required under applicable law to be given in another manner, ro any notice of the Borrower provided for in this Agreement shall be given by mailing such notice by certified mail addressed to the Borrower at the address of the Iiened premises, or at such other address as the Borrower may designate by notice in writing to the Lender as provided herein, and 00 any notice to the Lender shall be given by certified mail, return receipt requested, to Lender at the address of the City on page 1 of this Agreement, or to such other address as Lender may designate by notice in writing to the Borrower as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 6. The Uen created by this Agreement shall terminate and shall be of no further force or effect in the event lender has not, on or before 2010; (a) commenced an action in the manner provided by statute for the foreclosure of the Lien, and (b) filed for record a notice of said action, or a power of attorney to foreclose mortgage, or a lis pendens referring to the same, in the office of the County Recorder or Registrar of Trtles, as the case may be, in Hennepin County. Lender may, in its sole discretion, extend said termination date of said lien by filing for record on or before said termination date, an agreement with Borrower or his/her heirs, executors, or representatives evidencing such extension. 7. In the event that the property described above is subject, as of the date of this Agreement, to one or more contracts for deed (hereinafter collectively referred to as a "Contract for Deed'1, Borrower specifically covenants that the vendor or vendors, as the case maybe, of the Contract for Deed (hereinafter collectively referred to as the "Contract Vendor"), has executed this Agreement at the place provided below. The . execution of this Agreement by the Contract Vendor shall and hereby is deemed to be for the purpose of establishing and continuing the existence of the indebtedness described herein and the lien granted herein. Accordingly, it is specifically agreed that the Contract Vendor shall no be personally liable by reason of any default which may occur in the performance or by reason of the non-performance of any of the terms of this Agreement to be performed by the Borrower; and that the Lender shall not seek or be entitled to any personal judgment against the Contract Vendor by reason of any default hereunder, and that the sole remedies of the Lender in the event of any default as against the Contract Vendor shall be to proceed against the real estate described herein in the manner provided in this Agreement in order to subject it to the repayment of the Loan. Notwithstanding anything to the contrary contained in this Agreement, in the event that the property described above is subject to a Contract for Deed, it is further agreed by the parties hereto as follows: a. The conveyance of fee title by the Contract Vendor to Borrower upon fulfillment of the terms and conditions of the Contract for Deed, and the sale or conveyance by Contract Vendor of the vendor's interest in said Contract for Deed, shall not be events giving rise to repayment of the Loan under this Agreement. b. In the event Borrower desires to obtain first mortgage financing to meet Borrower's obligations under the Contract for deed referred to in this paragraph 7, Lender hereby agrees to subordinate the lien created by this Agreement for its benefit to said refinancing first mortgage lien, and to execute any and . all instruments required to effectuate said subordination. c. This Agreement constitutes an amendment to the Contract for Deed referred to in this paragraph 7, to the extent that it subordinates said Contract for Deed to the Lien herein created and granted, and the parties hereto agree that any conveyance by Contract Vendor of the premises described above shall be subject to said lien for so long as the Loan is unpaid and outstanding. 8. This Agreement shall run with the forementioned real estate and shall inure to the benefit of and be finding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular number shall include the plural, and the plural the singular. All covenants and agreements of the Borrower shall be joint and several. 9. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Agreement are declared to be severable. 3. . . IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. /J ? >f::J. '('---1' / ~ 1C.:/,-, Cr.:' , \ ~ ./ _\~~.I'-j 7 .'/\ ~;.2iP/ ...7-: eLl' ~e'V""".... c,.....;:r Robert H. Levering, Borrower CITY OF SHOREWOOD Robert Bean, Mayor City of Shorewood James C. Hurm, City Manager City of Shorewood STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) On this day of , 1995, before me, a Notary Public within and for said County, personally appeared Robert Bean, Mayor of the City of Shorewood, and Jame~ C. Hurm , City Manager of the City of Shorewood, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN ) On this let fh day of S~~\Ssr~ ,1995, before me, a Notary Public within and for said County, personally appeared John A. Levering and Robert H. Levering, joint tenants, to me known to be the persons described in, and who executed the foregoing instrument, and acknowledged that they executed same as.their free act and deed. 1'^&t1.... .~ r( \ . \ I ., .......... . ,,. ,'.... \' t r') .1 \ 0.:. j . IW 'vi', I ~ ltt ~Notary Public ;1 , r.~II.TTI-II=W M. MOORE "NNfSOTA (PIRES '0 _ IMnHEw M. MOORE . . NOrMY PUlUC MINNESOT \ ~ 'Il . MY COMMISSION EXP/i/c, JANUAlY 31, 2000 4. MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 5 October 1995 . RE: Heritage - Certificates of Occupancy FILE NO.: 405 (94.09) Mr. Chuck Dillerud has requested, on behalf of Abingdon Development Corporation, that the City waive the provision in the Heritage development agreement which requires that the first lift of asphalt be in place on the new street before any certificates of occupancy can be issued (see his letter, dated 22 September 1995, Exhibit A). Having discussed this matter with Don Zdrazil, Larry Brown and Tim Keane, staff has several serious concerns about waiving this provision: 1. Access. Mr. Dillerud suggests that as many as six new homes (see Exhibit B) may be occupied as early as February, 1996. While a reasonable driving surface can be maintained while the ground is frozen, thawing and spring rains create the potential for a quagmire in the spring. This can result in significant inconvenience for the new residents at best, and temporary lack of access at worst. This applies to daily traffic by the new residents as well as emergency vehicle access. ' . It must also be remembered that traffic on the unpaved road will not be limited to routine residential traffic. It is expected that heavy construction traffic will continue. to use the road before it is paved. 2. Emergency Access. The Fire Marshall has been asked to address this issue. 3. Maintenance. Until the road is paved the City does not accept the ownership of the street. Snowplowing of a class V surface is extremely hard on City equipment and sewer manholes pose inconvenience and potential hazard for snowplow crews. Even if the developer agrees to plow the street, the City ends up with the complaints if plowing is not done on time or to residents' satisfaction. A Residential Community on Lake Minnetonka's South Shore 0. A. Re: Heritage Certificates of Occupancy 5 October 1995 Based on these concerns, staff discourages waiving the City's requirement. Rather, the developer should be urged to complete the first lift of asphalt within the next six weeks. If some relief is to be allowed, it should be limited to the two lots on either end of the new street, and then only subject to the buyers providing a letter of understanding regarding access and maintenance issues. This letter would be drafted by the City Attorney. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. BJN:ph cc: Jim Hurm Larry Brown Don Zdrazil Cary Smith Tim Keane Chuck Dillerud . . 2 . OCT-03-95 TUE 10:36 P. 02 T <:) N Y EIDEN COMPANY Mayor Bean and City Council City of Shorewood 5755 Country Club Road Shore~od,~ 55331 September 22, 1995 Attention: Jim Hunn, City Administrator Dear Mayor Bean and Councilmembers: . On behalf of Abingdon Development Corporation and the Tony Eiden Company 1 am writing to respectfully request temporary relief from one clause of our Developers Agreement with the City of Shorewood for tbe Heritage Subdivision. Our concern and resulting request for relief is in regard to Paragraph 15 of the Developers Agreement for Heritage. That clause specifies that all public improvements to a subdivision must be complete prior to issuance of Certificates of Occupancy to homes constructed within the subdivision. As the Council is aware we have invested over a year in processing the Heritage Plat through the City. A large portion of that time resulted from the Development Moratorium and related discussions regarding public water. Due to the Moratorium we were unable to have our Preliminary Plat before the City before April (after it was first submitted to the City in the Fall of 1994). Once the <<door" was again opened for processing our project we moved expediently from Preliminary Plat to Final Plat by July 25. . Since July 25 we have addressed all of the conditions of approval; closed the purchasesltand exchange involving the 5 parcels; and recorded the plat. We have also conducted the Preconstrnction Meeting with the City. Installation of silt fence and tree preservation fencing began'on the site the week of September 11. and clearing ofthe site will be complete September 22. Site grading will commence on September 25. As ofthis writing we have executed Purchase Agreements for 3 homes to be constructed in Heritage and <CLot Holds" on 3 more. We must start most of these homes as soon as site grading is complete. within the next 10 days, if we are to meet the move in . dates in February, 1996. Our concern is with thetiistinct possibility that weather too cold # .. 4100 BERKSHIRE LANE.PLYMOUTH, MINNESOTA 55.446-(612)559-0251 . FAX(6t2) 559-6423 Exhibit A ABINGDON REQUEST LETTER Dated 22 September 1995 OCT-03-95 TUE 10:37 J' for curb/gutter and asphalt work will be upon us before we can complete the underground utility work that must be completed prior to street construction. To this end we are requesting City Council consideration for a waiver of Paragraph 15 of our Developers Agreement with respect to Occupancy Permits for 6 specific lots in Heritage: Lot 8. Block 1 Lot 4, Block 2 Lot 7, Block 2 Lot 9, Block 2 Lot 10. Block 2 Lot 3, Block 3 It remains our intent to complete the street work through base course asphalt yet this construction season if weather permits. However, we are requesting pennission to occupy the homes to be constructed on the listed lots during the winter months should weather conditions prohibit pouring of curb/gutter and laying asphalt this fall. The specified sand and/or Class 5 base would be installed in the street in any case. Your favorable consideration of this request win be sincerely appreciated. not only by the Tony Eiden Company, but by the 6 soon-to-be Shorewood residents in the new Heritage neighborhood. Sincerely yours, ~~ ~TOny Eiden. President . . ...______...,..., _'" ___.__...._ _...._._".....,acoo......'...rA.... ....~ In,. P. 03 . . .1 '-0- .. . .or)..", ,... C" .",~ .lot, ...".1....., ;J.':;? ~~ --- ..J':'.... -,,, . '*J. JL.r :.. __~loo# U,. l:.l l.*'::~~ ~J,~:<X .:............:;-- ~-- .....~.Jt. ,._JlII....""'....,., ...~~!~fll_.~ ..-:..'~~~p..9(..~~~.~~AO ,r- -1-- 1~.._:f..I. '..,S.~.I' ... ....... ,1"'-.4., __ ... ~ ~._ -~~.." s.c. II. _ : r--__..... '... ~.. .~~1.~-'''.. ~,~~ ..."'..~:...:;:!. .._ _ _ _~"" I r.. ,..._. .--.,.. --IJ:"---'" . - - -1-1 . ..:.- -:r- ~ ::- I .... I :1...,.'" I ~ l'~ . -.;:-;;- ..f-- I ! ,(: ...., ... -~...., ~,., Ii J' ~~ I "J ..; ~ t, If: ~~ I I ., l ... 1/ . ~ ~ i I ' ~ I~ !~:- H '-- -~--~ .. '- ,~ ~ --;, ~l" -- ii ~ . . c. _.. .,' :- 0- . ~\ .. : "'\.; ; :. :, C) - .. ~. r'S oS ~ '. " . " .'~ ,~ J -.:.::: -oj .. r " i - , ;: ;:: , J .....~7oq :' i:: < . IS ~ i ; t i .~! '- ,- z o co~ ~ , .i .. 0 ~ -\ . - ~ . 0 to -l :',! .~ , . . ~ I ~ I I -1 ::r: m :c . - ~'-~ ~)> "C) m ;- 1:> }:O ....: :..;~~Z :1,;.1.~ 1". I i ~ --- J..... L ___ :-- _ -'/ ,-. 1.':. OUT '_ 0 T 1 ~.I . .... ~ I~I~I .......: .Iglg .... ..- Ji /. ,. I j.~~ ., _w::.., , I Z Z ,ow'!." "".11. , 0 I a I 1'_....,J, r,#./J~" ..' . II ! ! I' ! I . I J I I : i A \J' ..~.. ".. ,. ....... ..... _ .... '''d'.''''''',.~ 111I/.11 ... s._. """"Y..,j,,.w;,_ "'; J_#.,I.r...",.,f" I). Exhibit B PROPOSED AFFECTED LOTS . . 9/95 FOURTH DRAFT TREE PRESERVATION AND REPLACEMENT POLICY CITY OF SHOREWOOD 1. Purpose. It is the policy of the City of Shorewood to recognize and preserve existing natural resources of the community, In its effort to maintain Lle wooded character of the area, the City finds that trees provide numerous benefits including, but not limited to: stabilization of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff, improvement of air quality, reduction of noise pollution, control of urban heat island effect, protection and increase of property values, protection of privacy, energy conservation through natural insulation, providing habitat for birds and Other wildlife and conservation and enhancement of the city's physical and aesthetic environment. The purpose of this policy is to preserve and protect significant trees or stands of trees whose loss due to land disturbances associated with the process of development or construction would adversely affect the character of neighborhoods, subdivisions, public or semipublic projects and commercial developments, This policy also recognizes that, despite the best efforts of the City and property owners, trees may occasionally be lost in the development or construction process. In those cases tree replacement or reforestation shall be required. II, Applicability. This policy shall apply to any person or entity that would disturb land areas and impact significant trees or stands of trees in neighborhoods, subdivisions, commercial building developments, public and semipublic projects such as streets, utilities and parks whether disturbed by a public agency or private developer; except when the City Council may waive these requirements where there would be greater public need for the project than to meet the requirements of this policy_ The terms and provisions of this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. _, shall apply to all activity which requires the issuance of a Land Disturbance Permit. III, Definitions. All words in this Policy have their customary dictionary definition except as specifically defined herein, The word "shall" is mandatory and the words "should" and "may" are permissive. Technical terms used in this Policy are defined in Appendix A. Buildable Area: The portion of a lot which is not located within any minimum required yard, landscape strip/area, or buffer; that portion of a lot wherein a building may be located, as prescribed by the Shorewood Zoning Code. DBH (Diameter-at-Breast-Height): A standard measure of tree size, whereby a tree trunk diameter is measured in inches at a height of four and one-half feet (4 112') above ground. If a tree splits into multiple trunks below four and one-half feet (4 112'), then the trunk is measured at its most narrow point beneath the split. Dripline: A vertical line extending from the outer surface of a tree's branch tips down to the ground. Land Disturbance Permit: An official authorization issued by the Zoning Administrator, allowing defoliation or alteration of the site for the commencement of any construction. Protection Zone: All lands that fall outside the buildable area of a parcel. fa. 8. Significant Trees: Any healthy long-lived hardwood deciduous tree measuring eight inches (8") DBH or greater; any healthy softwood deciduous tree measuring twelve. inches (12") DBH or greater; or any healthy coniferous tree measuring eight feet (8') or more in height. Box-elder, cottonwood, and willow trees shall not be considered to be significant trees. Specimen Tree or Stand: Any tree or grouping of trees which has been determined to be of a high value by the Zoning Administrator because of its species, size, age, or other professional criteria. Structure: Anything which is built, constructed or erected; an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner whether temporary or permanent in character. Tree: Any self supporting woody plant, usually having a single woody trunk, and a potential DBH of two inches (2") or more. Tree Preservation Plan: A plan established in Section N(B) of this Policy and Appendix C. Zoning Administrator: The agent of the City of Shorewood having the primary responsibilities of administration and enforcement of this Policy. . IV. Procedures A. Development Standards. Developments shall be designed to preserve large trees where such preservation would not affect the public health, safety or welfare. The City may prohibit removal of all or part of a stand of trees. In addition, nothing in this policy shall prevent building on an existing lot of record, provided that such building shall be designed to save as many trees as possible. This decision shall be based on, but not limited to, the following criteria: 1. Size of trees. . 2. Species, health and attractiveness of the trees including: a. b. c. d. Sensitivity to disease Life span Nuisance characteristics Sensitivity to grading . 3 . Potential for transplanting. 4. Need for thinning a stand of trees. 5 . Effect on the functioning of a development. B. Land Disturbance Permit. 1 . A tree survey, prepared by a registered land surveyor or landscape architect, shall be submitted showing size, species and location of significant trees. 2. A Tree Preservation Plan shall be submitted with the following: 9/95 2 a. Preliminary plat for the subdivision of property. b. Other permit drawings as a part of the building permit process for the construction of new principal buildings. c. Nonresidential site plans, either as a separate drawing or as part of the landscape plan. 3 . The Tree Preservation Plan shall be certified by a forester or registered landscape architect and shall include the following information: a. Identification of spatial limits: . (1) (2) (3) (4) (5) (6) (7) Limits of land disturbance, clearing, grading and trenching Tree protection zones Specimen trees or stands of trees Location of significant trees which will be saved Location of significant trees which will be removed Location of trees to be transplanted Location of replacement trees b. Detail drawings of tree protection measures as provided for in Section VI. of this Policy (where applicable): (1) Protective tree fencing (2) Tree protection signs c. Drawings indicating location of applicable utilities: . 4. (1) City water or well (2) City sewer (3) Electricity (4) Gas (5) Cable TV (6) Telephone These plans shall be reviewed by the Zoning Administrator for conformance with this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. _, and will either be approved, or returned for revisions. Reasons for denial shall be noted on the Tree Preservation Plan, or otherwise stated in writing. 5 . Issuance of the Land Disturbance Permit is contingent upon approval of preliminary plats, or metes and bounds subdivision approval for the subdivision of property, or approval of the Tree Preservation Plan for other building permit processes or nonresidential site plans. 6. A fee as provided in Chapter 1302 of the City Code shall be charged for review of Tree Preservation Plans. Any costs incurred by the City in reviewing plans for plats and nonresidential site plans shall be charged to the developer. The Zoning Administrator may submit the plan to a consulting forester for a recommendation, the costs of which shall be paid by the developer or builder. 9/95 3 7 . Al~ ~e protection. measur~s shall be installed prior to beginning b~Ildmg construction and mspected by the Zoning Administrator or hIS agent. 8. !he Zo~ing Administrator or his agent will conduct follow-up site mspectIons for enforcement of this Policy, in conjunction with the Shorewood Tree Preservation Ordinance No. 9. If any significant tree in a development or on a building site is cut, damaged, or the area within the tree's dripline has been encroached upon by grading equipment, without City authorization, the City shall require replacement pursuant to 10. below. In addition, if the City determines that a damaged tree will probably not survive, it shall be removed by the developer or builder. All significant trees removed or damaged during the process of land development or construction activities shall be replaced on site. The removal of trees on public right-of-way, conducted by or on behalf of a governmental agency in pursuance of its lawful activities or functions, shall be exempt from this replacement. 10. . a. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic, and shall be hardy under local conditions. b. Tree Replacement Ratio. (2) (1) Significant deciduous trees eight inches (8") DBH or greater shall be replaced by two (2), two and a half inch (2.5") DBH or greater deciduous trees or two, six-foot (6') high coniferous trees. Significant deciduous trees twelve inches (12") DBH or greater shall be replaced by three (3), two and a half inch (2.5") DBH or greater deciduous trees or three (3), six-foot (6') high coniferous trees. . (3) Significant coniferous trees six feet (6') high or greater shall be replaced by one (1) six-foot (6') high or greater coniferous tree. (4) Significant coniferous trees twelve feet (12') high or greater shall be replaced by two (2) six-foot (6') high or greater coniferous trees. (5) In no case will the total number of replacement trees exceed eight (8) trees per acre. 9/95 c. Before any construction takes place, tree protection measures as set forth in VI.B. of this Policy shall be placed around tree protection zones and around the driplines of significant trees to be preserved. Signs shall be placed along fence lines prohibiting grading beyond the fence line. 4 . . 9/95 d. Any trees required to be planted shall be replaced if they die or appear to be dying within two (2) full growing seasons of planting by the person responsible for the planting. e. Replacement trees shall be of a similar species to the trees which are lost or removed and shall include those species shown on the following list: Deciduous Trees Green Ash - Fraxinus pennsylvanica Mountain Ash - Sorbus spp. River Birch - Betula nigra Kentucky Coffeetree - Gymnocladus dioicus Amur Corktree - Phellodendron amurense Flowering Crabapple - Malus spp. Ginkgo (male only) - Ginkgo biloba Hackberry - Celtis occidentalis Hawthorn - Crataegus spp. Shagbark Hickory - Carya ovata Honeylocust - Gleditsia Hatriacanthos Ironwood - Ostrya virginiana Japanese Tree Lilac - Syringa amurensis japonica American Linden - Tilia americana Littleleaf Linden - Tilia cordata Redmond Linden - Tilia americana 'Redmond' Black Locust - Robinia psuedoacacia Amur Maple - acer ginnala Norway Maple - Acer platanoides Red Maple - Acer rubrum Silver Queen Maple (seedless) - Acer saccharinum 'Silver Queen' Sugar Maple - acer saccharum Northern Catalpa - Catalpa speciosi Bur Oak - Quercus macrocarpa Pin Oak - Quereus palustris Red Oak - Quercus rubra Swamp White Oak - Quercus bicolor White Oak - Quercus alba Ohio Buckeye - Aesculus glabra Russian Olive - Eleagnus angustifolia Black Walnut - Juglans nigra Conifers American Arborvitae - Thuja occidentalis Balsam Fir - Abies balsamea Douglas Fir - Pseudotsuga menziesii White Fir - Abies concolor Canadian Hemlock - Tsuga canadensis European Larch - Larix decidua Austrian Pine - Pinus nigra Norway Pine - Pinus resinosa Red Pine - Pinus resinosa Scotch Pine - Pinus sylvestris White Pine - Pinus strobus Black Hills Spruce - Picea glauca densata Colorado Spruce - Picea pungens Norway Spruce - Picea abies WhireSpruce-Pkeaglauca Tamarack - Larix laricina 11. Financial Guarantee - Subdividers. a. Subdividers shall provide a financial guarantee as part of the development contract to ensure replacement of significant trees lost in the development process. The amount of the financial guarantee shall be determined by the Zoning Administrator, based upon estimates made by the subdivider's registered landscape architect or actual bids prepared by a certified nurseryman. This shall be a separate line item in the development contract and shall be the basis for a development contract where the lack of public improvements would otherwise not require a contract. 5 This financial guarantee shall be held for at least two (2) full growing seasons beyond the date of installation of the last replacement tree or beyond the last date of site activity that may impact tree survival. b. In addition to a. above subdividers shall provide a financial guarantee as part of the development contract to ensure protection of all significant trees to be saved. For each mass graded lot with at least one (1) significant tree to be saved and each custom graded lot with at least one (1) significant tree, the subdivider shall pay a fee as established in Chapter 1302 of the Shorewood City Code. This fmancial guarantee will be released upon 1) certification in writing by the subdivider's forester or landscape architect indicating that tree protection measures were installed on mass graded lots and tree replacement is completed, if necessary and/or 2) the builders have posted security for the custom graded lots. . 12. Financial Guarantee - Builders. a. Homebuilders shall provide a financial guarantee as part of the building permit application to ensure protection of all significant trees to be saved. For all lots with at least one (I) significant tree to be saved the builder shall provide a letter of credit or cash escrow as established by Chapter 1302 of the City Code. b. Prior to the issuance of a certificate of occupancy or release of the tree protection guarantee, the builder's forester or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement, is completed, if necessary. . c. The Building Official will monitor the tree protection measures at the time of routine inspections. . d. Builders are liable for subcontractors which destroy or damage significant trees which were indicated to be saved on the individual lot tree preservation plan. V. Tree & Site Related Disturbances. A. Tree protection zones, specimen trees or stands of trees designated to be saved must be protected from the following damages which may occur during all phases of land disturbance and construction processes. Methods of tree protection and disturbance prevention are provided in Section VI. 1 . Direct physical root damage 2. Indirect root damage 9/95 6 3 . Trunk and crown disturbance B . Dire~t physical. root damage most frequently occurs during site clearing and gradmg operatIons, where transport or feeder roots are cut, torn, or removed. 1 . Transport and feeder roots tend to tangle and fuse among the roots of adjacent trees. The removal of trees with heavy machinery along the outer periphery of a tree save area causes root damage. 2. The most substantial form of root damage for all root types occurs in the form of cut roots. Roots are cut in grade reduction, or from trenching for underground utilities, sanitary sewer, or storm sewer lines. 3. A more subtle type of root damage is the loss of feeder roots. Feeder roots normally occur within the organic layer, and the surface four inches (4") of top soil, subsequently, these roots can be easily damaged by the track action from a single bulldozer pass. The stripping oftop soil within a tree's critical root zone can totally eliminate its feeder root system. . C. Indirect root damage through site modification can result from positive grade changes, temporary storage of fill material, the sedimentation of erosion materials, soil compaction, and soil chemical changes. 1. Positive grade changes from fill and sedimentation causes a decrease in soil oxygen levels. An increase in soil carbon dioxide and other toxic gases can also occur, leading to large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the root respiration process which is essential for the uptake and transport of minerals and nutrients. 2. Anaerobic soil conditions are also produced by soil compaction, the increase in soil bulk density with a decrease in soil spore space. Compacted soil is also impervious to root penetration, and thus inhibits root development. Soil compaction is generally caused by the weight and vibrations of heavy machinery, yehicle parking, and the storage of fill and/or construction materials within the critical root zones of trees. . 3. Changes in soil chemistry will adversely affect tree survival. The most frequent occurrence is the change (decrease) in soil acidity by concrete washout. The leakage or spillage of toxic materials such as fuels or paints can be fatal for trees. D. Trunk and crown disturbances are generally mechanical in nature and are either caused directly by clearing and grading machinery, or indirectly by debris being cleared and falling into trees marked for protection. 1 . Common forms of damage include stripped bark and cambium, split trunks, and broken limbs. 2. Damage also occurs from the posting of signs such as building permits, or survey markers on trees. 9/95 7 3 . Indirect damage can be caused by the placement of burn holes or debris fires too close to trees. The possible range of damages include scorched trunks with some cambial dieback, the loss of foliage due to evaporative heat stress (leaf desiccation), and completely burned trunks and crowns. VI. Methods of Tree Protection. A. Planning and considerations. Tree space is the most critical factor in tree protection throughout the development process. The root system of trees can easily extend beyond the dripline of the tree canopy (Figure 1). The root system within the dripline region is generally considered to be the protected root zone. Disturbance within this zone can directly affect a tree's chances of survival. With reference to root zones, the following standards shall apply: The use of tree save islands and stands is encouraged rather than the protection of individual (nonspecimen) trees scattered throughout a site. This will facilitate ease in overall site organization as related to tree protection. 2. The protective zone of specimen trees or stands of trees or otherwise designated tree save areas shall include no less than the total area beneath the tree(s) canopy as defined by the farthest canopy dripline of the tree(s). In some instances, the Zoning Administrator may require a protective zone in excess of the area defined by the tree's dripline. 1. . 3 . Layout of the project site utility and grading plans shall accommodate the required tree protective zones. Utilities must be placed along corridors between tree protective zones. 4. Construction site activities such as parking, material storage, concrete washout, hole placement, etc., shall be arranged so as to prevent disturbances within tree protective zones. 5. . Alterations to the protective zone of the specimen trees or stands of trees must be approved by the Zoning Administrator. B. Protective Barriers. 1. Active protective tree fencing shall be installed along the outer edge of and completely surrounding the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protective zones, prior to any building construction. 2. These fences will be a minimum four feet (4') high. Four-feet (4') high orange polyethylene laminar safety fencing is acceptable (Figure 2). 3. Passive forms of tree protection may be utilized to delineate tree save areas which are remote from areas of land disturbance. These areas must be completely surrounded with continuous rope or flagging 9/95 8 (heavy mil- minimum four inches (4") wide). All passive tree protection must be accompanied by "Keep Out" or "Tree Save" signage (Figure ->. 4. All tree protection zones should be designated as such with "Tree Save Area" signs posted visibly on all sides of the fenced area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances. 5 . All tree fencing barriers must be installed prior to and maintained throughout building construction and should not be removed until completion of construction and until landscaping is installed. C. Encroachment. Most trees can tolerate only a small percentage of critical root zone loss. If encroachment is anticipated within the critical root zones of specimen trees, stands of trees, or otherwise designated tree protective zones, the following preventive measures shall be employed: 1. Clearing Activities: Roots often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two foot (2') trenches (e.g., with a "ditch-witch") along the limits of land disturbances, so as to cut, rather than tear, roots. Directionally felling trees outward into disturbance areas and grinding stumps is also acceptable. . . 2. It is very strongly suggested that all clearing in oak stands be done before May 1st and after July 1st of each season. This will help to prevent the inadvertent wounding of trees with the consequential spread of oak wilt. If clearing has to be done at this time, all stumps and wounded trees shall have the wound areas painted thoroughly with a tree paint. To be effective, the painting shall be performed within the same day of cutting. Should oak wilt get started as a result of construction during the months of May and June, then the developerlbuilder shall pay for all additional on-site oak wilt control measures needed to control the disease. . 3. Where the Zoning Administrator has determined that irreparable damage has occurred to trees within tree protective zones, they must be removed and replaced by the developerlbuilder as provided in Section IV(B)9. D. Reclamation of the Growing Site. A tree's ability for adequate root development, and ultimately its chances for survival, are improved with reclamation of the growing site. Whenever possible, the soil should be brought back to its natural grade. Unnecessary fill, erosion sedimentation, concrete washout, and construction debris should be removed. When machinery is required for site improvement, it is recommended that a "rubber-tired skid steer loader" or similar light weight rubber tire vehicle be used so as to minimize soil compaction. 9/95 9 TREE PRESERVATION POLICY CITY OF SHOREWOOD APPENDIX A Technical Terms: Cambium: The tissue within the woody portion of trees and shrubs which gives rise to the woody water and nutrient conducting system, and the energy substrate transport system in trees. Cambial dieback: The irreparable radial of vertical interruption of a tree's cambium, usually caused by mechanical damage, such as "skinning bark", or from excessive heat. Coniferous: Belonging to the group of cone-bearing evergreen trees or shrubs. Deciduous: Not persistent; the shedding of leaves annually. Feeder roots: A complex system of small annual roots growing outward and predominantly upward from the system of "transport roots". These roots branch four or more times to form fans or mats of thousands of fine, short, non-woody tips. Many of these small roots and their multiple tips are 0.2 to Imm or less in diameter, and less than 1 to 2mm long. These roots constitute the major fraction of a tree's root system surface area, and are the primary sites of absorption of water and nutrients. . Maior Woody Roots: First order tree roots originating at the "root collar" and growing horizontally in the soil to a distance of between 3 and 15 feet from the tree's trunk. These roots branch and decrease in diameter to give rise to "rope roots". The primary function of major woody roots include anchorage, structural support, the storage of food reserves, and the transport of minerals and nutrients. Protected Root Zone: The rooting area of a tree established to limit root disturbances. This zone is generally defined as a circle with a radius extending from a tree's trunk to a point no less than the furthest crown dripline. Disturbances within this zone will directly affect a tree's chance for survival. . Root Collar: The point of attachment of major woody roots to the tree trunk, usually at or near the groundline and associated with a marked swelling of the tree trunk. Root Respiration: An active process occurring throughout the feeder root system of trees, and involving the consumption of oxygen and sugfU's with the release of energy and carbon-dioxide. Root respiration facilitates the uptake and transport of minerals and nutrients essential for tree survival. Rope Roots: An extensive network of woody second order roots arising from major woody roots, occurring within the surface 12 to 18 inches of local soils, and with an average size ranging from .25 to 1 inch in diameter. The primary function of rope roots is the transport of water and nutrients, and the storage of food reserves. Soil Compaction: A change in soil physical properties which includes an increase in soil weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gases, and can be impervious to new root development. Transport Roots: The system or framework of tree roots comprised of major roots and rope roots. 9/95 10 TREE PRESERV A nON POLICY CITY OF SHOREWOOD APPENDIX B Checklist for Tree Protection Plan: 1. Tree Protection Plans. a. Provisions for tree protection on the site shall be, at minimum, in conformance with the requirements of the City of Shorewood Tree Preservation Policy in conjunction with the Shorewood Tree Preservation Ordinance No. b. A Tree Preservation Plan shall be submitted either as part of a landscape plan, preliminary plat, or as a separate drawing, to include the following: (1) (2) (3) (4) (5) (6) (7) (8) All tree protection zones Approximate location of all specimen trees or stands of trees Approximate location of all specimen trees when their preservation is questionable, or might result in a change of the site design Identification of specimen trees to be removed. (Removal of specimen trees is subject to Zoning Administrator approval.) Limits of clearing and land disturbance such as grading, trenching, etc. where these disturbances may affect tree protection zones. Proposed location of underground utilities. Methods of tree protection shall be indicated for all tree protection zones, aeration systems, staking, signage, etc. The plan should indicate staging areas for parking, material storage, concrete washout, and burial holes where these areas might affect tree protection. . c. The following notes shall be indicated on both tree preservation plans and grading plans in large letters: (1) Contact the City Planning Department at 474-3236 to arrange a preconstruction conference with the City Zoning Administrator prior to any land disturbance. (2) All tree protection measures shall be installed prior to building construction. . (3) Contact the City of Shorewood Planning Department at 474-3236 for a Site Inspection upon completion of landscape installation. 9/95 11 .. .. C ITV OF CHAHHASSEH 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 September 20, 1995 I'~-==--- . I' .-~- ==-- f~;j If:; :~C: ([!; r '-'~! f' .' t :, James Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ." , ~.,,' , . .. '~ ;~?~~::~:::::.-::.~::.....::.::.:..-, ,./ RE: 1996 Animal Control Contract . Dear James: It is my pleasure to provide you with the 1996 Animal Control Contract. We continue to appreciate the opportunity to provide this service tt);You and your residents, and hope that you understand that the 3Y2% increase in costs reflectanmcrease in our costs to provide this service. As we discussed at the meeting we held for City Administrators, we will be examining the future of our providing animal control services on a contractual basis, simply because of the increased demands for services within the City of Chanhassen itself:. Of course, should any decision be made to contemplate discontinuing the service, we would advise you well before. Another option that I have considered is the possibility of joining together to hireindividual(s) strictly to work as animal control personnel. But for now, we look forward to continuing this relationship with you. . As always, feel free to contact either Bob Zydowsky or myself if we can provide any additional information. our executed ~ to you. Please return bQ!h copies. of the contract signed to me, and I Since, J G{VxJ Scott Harr Public Safety Director SH:cd g:\safely\sh\96annim #7 ANIMAL CONTROL CONTRACT This agreement made this day of . 19__, by and between the City of Chanhassen, hereinafter referred to as "CHANHASSEN"; and the City of SHOREWOOD, hereinafter referred to as SHOREWOOD, witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: . . 1. This agreement shall be effective as of January 1, 1996, and shall continue in effect until December 31, 1996, unless cancelled pursuant to this agreement. 2. CHANHASSEN agrees to patrol the public streets of SHOREWOOD, in accordance with a schedule provided by CHANHASSEN, agreed upon by SHOREWOOD. If necessary, CHANHASSEN agrees to transport animals as it deems appropriate. CHANHASSEN will, at the completion of each regular patrol or as soon as reasonably possible, in the City of SHOREWOOD, give a written statement to the South Lake Minnetonka Public Safety Department setting forth a description of all animals impounded including breed, color, weight, name of owner, mane of animal, if known, and point of collection by the patrol officer. CHANHASSEN will also attempt to notify South Lake Minnetonka Public Safety Department prior to impounding any animal. 3. CHANHASSEN agrees to provide personnel and equipment to provide animal control services. Said employees shall perform their duties in proper attire, utilizing a marked Chanhassen Public Safety vehicle whenever available. These employees shall be in uniform or have City of Chanhassen identification. 4. SHOREWOOD shall authorize CHANHASSEN to apprehend and retain domestic animals and/or issue citations or warn~ngs for violations of city ordinances. Wild animals shall only be dealt with pursuant to CHANHASSEN'S policy regarding wild animals if the animal is presenting dangers of personal injury or significant property damage. However, CHANHASSEN shall not invade private property contrary to the wishes of the owner of said property, nor forcibly take an animal from any person without the approval and assistance of a peace officer having jurisdiction in that city. 5. In addition to regularly scheduled hours of patrolling, CHANHASSEN agrees to respond to "emergency call-outs" from SHOREWOOD. CHANHASSEN will have an officer scheduled to respond to such call-outs, to be billed to SHOREWOOD at a rate of time and one-half per hour with a minimum of two hours. CHANHASSEN shall respond at the earliest opportunity to such requests, Animal Control Contract Page 2 including bite cases or injured animals, as deemed appropriate by CHANHASSEN. There may be occasions when an animal control officer will not be immediately available, in which event the response will occur at the earliest opportunity. An "emergency call-out" is defined as a specific request for animal control service during times that an officer is not on duty. If a Chanhassen Animal Control Officer is on duty, even though not assigned to SHOREWOOD, said officer will respond, applying the time to the regular schedule (so that this would not be considered an emergency call-out). If deemed appropriate by the Chanhassen officer on call, a situation may be dealt with over the phone, in which case no fee will be charged. 6. CHANHASSEN agrees to coordinate services with the Chanhassen Veterinary Clinic, 440 West 79th Street, Chanhassen, MN, 55317, as long as this arrangement is agreeable with the Chanhassen veterinary Clinic. . 7. CHANHASSEN shall furnish monthly reports to SHOREWOOD reflecting the charges for such veterinary fees as well as patrol and emergency call-out fees, which each city agrees to pay CHANHASSEN within 30 days of being billed. 8. When an animal is impounded by CHANHASSEN pursuant to this animal control contract, said animal shall be held in accordance with Minnesota Statute 35.71. This statute includes, among other things, that impounded animals will be held for at least seven "regular business days" (as defined by MN. Stat. 35.71, Subd.3). In the event that any impounded animals are unclaimed after a maximum of 9 days (7 "regular business days", and possibly 2 partial days), the animal becomes the sole responsibility of the Chanhassen Veterinary Clinic to be placed . or disposed of at their discretion. 9. CHANHASSEN shall maintain reports on Chanhassen utilize specific forms as requested by SHOREWOOD. report of activity shall be provided to SHOREWOOD. forms, or A monthly 10. The City of CHANHASSEN will indemnify and hold harmless SHOREWOOD for claims, suits, actions, damages and loss arising out of the negligence or misconduct of the City of CHANHASSEN in conjunction with this agreement. 11. SHOREWOOD agrees to pay CHANHASSEN for services in the performance of this contract, pursuant to Paragraph 15 of this contract, as follow: .#I> ... Animal Control Contract Page 3 . 12. 13. 14. . A) Price per hour for scheduled patrol based on actual time in service....................$29.18 B) Price per emergency call-out.............2 hour minimum at time and one-half per hourly rate. (Minimum callout fee $87.54) C) Impound, boarding, euthanasia, disposal and any other veterinary fee, as charged by the veterinary clinic. D) Price per deceased animal disposed of by the City of CHANHAS SEN. ....................................... $10 . 00 E) It is agreed that if the designated boarding facility or euthanasia/disposal service is unavailable, SHOREWOOD shall authorize CHANHASSEN to obtain these services elsewhere, and SHOREWOOD shall pay CHANHASSEN the rates of the alternative facility. SHOREWOOD shall pay any veterinary bill incurred for unclaimed animals impounded from SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its entirety, including impound fees. All paYments shall be made by SHOREWOOD upon receipt of monthly statements from CHANHASSEN within 30 days. Because this is a joint effort involving the cities of SHOREWOOD, VICTORIA, EXCELSIOR, TONKA BAY, GREENWOOD and CHANHASSEN, it is agreed upon that any modifications to, or withdrawals from this contract shall require the written authority of each party. SHOREWOOD agrees that in the event that one or more parties seek such change, including withdrawing form the contract, said party (or parties) shall remain obligated to pay for their agreed upon number of contract hours unless otherwise agreed to by all parties pursuant to this paragraph for the remainder of the year. 15. SHOREWOOD further agrees that the fees reflected in this contract are in effect only for the calendar year 1996. 16. Under no circumstances shall CHANHASSEN be obligated to respond to any request for assistance or to patrol when, in the sole discretion of the Chanhassen Public Safety Director or his duly authorized agent, anyone of the following conditions exist: (1) when necessary personnel and/or equipment are engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when providing assistance would expose any person to unreasonable risks. Animal Control Contract Page 4 17. The time and manner in which service is rendered, the standard of performance and the control of personnel employed to render such service shall be determined by CHANHASSEN. CHANHASSEN reserves the right to alter scheduling should conflicts arise (i.e. CSO schooling, illness, vacation, etc.). 18. CHANHASSEN agrees to patrol the public streets of SHOREWOOD and respond to animal control calls during regular patrol hours pursuant to this agreement in SHOREWOOD ten (10) hours per week. CiTY OF CHANHASSEN BY: Donald J. Chmiel, Mayor AND: Don Ashworth, City Manager CITY OF SHOREWOOD BY: Mayor AND: Clerk g:\safety\form\shore.acc "- .. . . CITY OF SHOREWOOD RESOLUTION NO. 95- A RESOLUTION REQUESTING THE MINNETONKA SCHOOL BOARD TO APPROVE A SITE FOR A WATER TOWER ON THE MINNEWASHTA SCHOOL PROPERTY WHEREAS, the Shorewood City Council has adopted a comprehensive water plan which provides for additional elevated storage on the west side of the City; and WHEREAS, the City Council has approved a feasibility report which proposes construction of a 500,000 gallon elevated storage tank on the Minnewashta School property; and WHEREAS, the Minnetonka School Board, by resolution dated July 9, 1990, has agreed to "make every effort to respond favorably to a specific request from the City of Shorewood to construct such a water tower on the Minnewashta site"; and . WHEREAS, the City has investigated the feasibility of various water tower locations on the Minnewashta School property; and WHEREAS, site 3 (refer to attached map) is preferred by the City for reasons of cost, impact to existing homes, and visibility from Smithtown Road; and WHEREAS, the City considers site 7 (refer to attached map) to be the next most desirable location considering cost, overall impacts to adjacent properties, and compatibility with potential school site improvements. NOW, THEREFORE BE IT RESOLVED that: The City hereby requests the Minnetonka School Board to approve site 3 and authorize its staff to enter into an agreement with the City of Shorewood providing for transfer of land, easements for construction and access, and other particulars necessary for construction and future maintenance of a water tower on site 3 of the Minnewashta School . BE IT FURTHER RESOLVED THAT: Should the School Board find site 3 unacceptable, it approve site 7 and authorize its staff to enter into an agreement as described herein before. ADOPTED by the City Council of Shorewood this 9th day of October, 1995. Robert B. Bean, Mayor Attest: James C. Hurm City Administrator/Clerk ~8 ~ .. /=:;i'ff~?;t?-",/,7 ;" - F-' ,j, . -, ( /, 'i j-J '~-.._--... -- ' =~ ,-\: / i August 31, 1995 I I ! . J ; 81' -'i . ~--- -" / ~.____ i -":"""'-, I ~i Shorewood City Council c/o Mr. Jim Herm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Jim and the Shorewood City Council, . I spoke with you in May 1995 and August 1995 about my concerns regarding the speed at which cars travel on Near Mountain Boulevard. Per your request, I am now putting my concerns in writing. We have lived at 19775 Near Mountain Boulevard since July 1993, and have watched vehicles go through the blind curve in front of our house so fast that they are on two wheels. It is not a matter of if, but a matter of when someone is going to be injured. . In speaking with you, I now understand that reducing the speed limit on Near Mountain Boulevard to 25 m.p.h. is nearly impossible. The next best solution is to add a two way stop on Near Mountain Boulevard at Silver Lake Trail. My reasoning for these stop signs is a clear need to slow traffic at the blind curves at Silver Lake Trail in both directions. I appreciate your concern for the safety of Shorewood residents, especially our children, and look forward to the stop signs being put in on Near Mountain Boulevard in a timely manner. I wi! I be in contact with you soon! Sincerely, qJttJ1~~'JJ.L cc: Urdahl, Hoaglund, Leaf, MacHolda, Fleck, Shelquist ~9 PO" r ;~;;l c;:};,'. ... .:; I r't,,: t-"';.", :.. ~__- ':..... " ~(~\~NESo~74 ~ l I-: :xl ;: ~ ~ ~ <<'1- ~ ')- OF T~p..~ Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 .L ,"';';'- A/T~I- .:.J.~-';-. - ,v fr'- -_._'..-- 'I:;.. ,J" "r-: _ _ .."I //"1- 1.. /> ' (..,.... ~<'C jl;:: 'j (:' ~.,_~ ,J Reply to :5001 Duluth Street, Golden Valley, ~ 55422 Telephone No. 591~5 June 26, 1990 Laurence E. Whittaker, Administrator City of Shorewood 5755 Coun:b:y Club Road ShorevJOCd, MN 55331 Re: Spee:i Zoning Near Mountain Bl vel. . Cear Mr. Whittaker: 'Ihe speed zoning study of Near Mountain Boulevard requested by the Shorewood City Council in Resolution 41-90 has been completed. Based on the study results and as discussed with you earlier, we have identifiec1 two speed zoning alternatives: 1) a:>ntinue to rely on Minnesota I s statuto:ry 30 mph urban district speed limit by electing not to install speed limit signs 2) post a 25 mph speed limit. It is our judgment that either alternative is feasible and selection of one deperrls on city policy and preference. 'Iherefore, we ask Shorewood to choose the alternative it prefers. Before making the choice, . however, we suggest consideration of the following factors; some of . which concern speed +imits in general and others concerning Near Mountain Boulevard. Spee:i limit signs are a traffic control device best suited to through streets where they will contr.iJ::>ute to SIOCX)th traffic flow, will 5el:Ve as a basis of enforcement against those who drive at a speed considered unreasonable or unsafe, and will infonn both notorists and adjacent residents of the prevailin3' speed of traffic. Since most drivers choose their speed based on perceivec1 coniitions (road width and surface, adjacent development, amount of traffic, etc.), a speed limit sign will not influence the prevailing speed of traffic unless an extraordinary continuous enforcement effort is made. 'Iherefore, most municipalities elect not to post speed limits on residential streets where aJ..n'x)st all traffic consists of local residents who are familiar with coniitions an:i ~' ---- -----'" :---. '"', e-:/ ~MINNESOTA ~ 1990 An Equal Opportunity Employer Laurence E. Whittaker June 26, 1990 Page 'IWo where enforcement activity can be expected to be infrequent. Instead they rely on Minnesota's statuto:ry speed limits. 'lWo other reasons municipalities elect to rely on statuto:ry speed limits are the cost of installing speed limit signs on all streets and the confusing array of speed limits that can result from each street being speed zonec1 on its own merit. . We have not recei vec1 the constroction plans for Near Mountain Boulevard from CSM as mentione:l in your June 1 letter. But based on our study data, we would conclude that stopping sight distances on Near Mountain Boulevard are marginally adequate for 30 mp..~ speed, while intersection sight distances are less than desirable. In addition, several curves exist which have maxinu.nn a::anfortable speed of 15 mph - 20 mph. Although Near Mountain Boulevard appears to 5el:Ve primarily as a residential street, it also has same function as a collector or through street as evidenced by the fact that all intersecting streets are controllec1 by stop signs. If you detennine the through street function is sufficient to warrant speed signing, the first priority should be to install curve warning signs with adviso:ry speed plates. '!he secorrl priority would be to install regulato:ry speed limit signs. It would also be desirable to have consistent signing for all of Near Mountain Boulevard and any speed limit should extend from Pleasantview Road to vine Hill Road. Olanhassen did ask for a speed zoning study for their part of Near Mountain Boulevard in 1988 and was offerec1 the same alternatives presented to Shorewood. 'Ihey chose at that time to rely on Minnesota IS statuto:ry 30 mph speed limit. . Please consider the alternatives and infonn us of Shorewcx:x:l's decision. If you have questions or would like additional infonnation contact Ed Brown (591-4617) at this office. Sincerely, -i s~~1f2 District Traffic Engineer JSK:pl:EB ~(~\~NE~SO~ ~ ~ ~ :u ;: -I ~ g ~ 4- .,.. OF T~p..~ Minnesota Department of Transportation Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley A venue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 I 'S T.'~:_-:. i;_ ,; L-."/ ,....1......,.")...(.._..:_..1( ............/ /'Y~ './>- ,,- - I "SIF'-'~/ 1,1tW 3 0 1990 Reply to :5001 Duluth Street, Golden Valley, m 55422 Telephone No. 591-4605 May 25, 1990 Iaurence E. Whittaker, Admi.ni.strator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Speed ZoninJ - city of Shorewood Near Molmtain Boulevard . D2a.r Mr. Whittaker: A speed zoninJ study for Near Mountain Boulevard has been placed on our agerna as requested in your May 18 letter. Unforbmately, the city cotmCil's resolution referred to in your letter was not enclosed, but we assume the limits of the se;p:nent to be studied are the south lilnit of Shorewood and the intersection with vine Hill Road. It is difficult to estiJnate a canpletion date for the study at this time because of the number of other studies nc::M pen:li.rq, but we hope to have it canpleted in approximately three weeks. As soon as the necessary data has been collected and evaluated, we will contact you to n;~lSS possible speed lilnit alternatives. 'D1e backgroun:l info:onation included with your letter is appreciated and . will be helpful. other information that would be useful if available is: - construction plans (plal'l a"'ld profile sheets, typical section, design speed) - current traffic volmne Please address any information or questions concerni.n;r the Near Mountain Boulevard study (includin;r a copy of the COI.JI16il's resolution) to Ed Brown (591-4617) at this office. Sincerely, - :/ ~~~15- - J. S. Katz, Pd:. District Traffic Engineer JSK:pl:EB ~~ .---I r---- "1 e-i( ~MINNESOTA ~ 1990 ortunity Em lover . . -" .. . - _#_-~-- ---- \ .'~ ... _ ,"\' ,.j~/~-9:C I ) . F)~,? ?J ~:0),;.J9z,2T' /l2t tUv /rh~q, -I t2/YYJ ,k'1-dvn~. en I? ~ 41~ 22, U --t-;{h ~~ 5h 1/f/)9fkt 0 ~--/-tfA/n ~~ r2/)/~c iy-tr::t ~. f( /YY~ /4--t.tJ-e.t T) ctta : ~CV) ~{1~U B-6~L?Z~'" ~(t?1.,' ~'':t / ti ~XJl~;,-,. . n '. . ,~{ L ~./~ lUeL;:} Uf-<l-t tJ 7:Ji-0 t"~,-/ ~~ /);;u x0.u')~ V)d/n~, C(, ,,?U; -2Z VJ~, <~ ;j tH( cI a0~n fi- Tr)q.;'7 ~'e1 c:Lta/ c.t/I cJd#W'2/- ~ c;1U/? 7L -J{;ff~ ~ &t. U,L{;CL, , ' , 1 ~ ~~L(YI,9-. /'uvn~,Lc/~ ~ JvY)L-&:J t;'Y-;?/;)t:vJV ~ ~T m S#f~" 7)d~ q~L., ( I) 10 /j.-I & '/><-/ ~ /Y)c,~/c-.. ,"/JY) · I)d /)~, I)U4 t-A..-o, . ~",H,")' f!tuw Vh fJu' t~ ~' ~ /) f~ -eLL: ~;( cy ~ i7)~c:. . 79u ~e{?;;( ecI-:', Lh~<<-!}M d t"0;?( ",/TJcUI, /-U--t,.tYL._Acl<Ld C/-,J '~~,~-',"'7 , a:!;n:tu~~~ ~r!f:Id~~ ~ , ' , /2(4 ~V'~ 'Z;.rnq: 167~0 p) -t/~ //nq 4t-A4' lLe.-/h:?/L/cJt7 ~Ue.:h, /F - ~J 1jt01 d (/I}U/~.-tiUJ .VJ Uc.c r;/L2>)?v. . ~ . ~~/l; ,t'~ 6-{c/ ~~_ - I)~d Vn ~?0 ~"(tv~UL Fr!~ J)~~~C/.) I2k ~ ---f CbJ''J ~,C:J-A .-6Lu edt.d ~ to,do cL./ (;j CZUd ~ ~ 4 -k U0 O;cypc: -t/f'S 0 ~ ~ i!iJf#::;) ~ ~~~~~~ ()U;j tn, tV tJu4, l2e-(~q 0- M J!4r-nt!d ~-eI)t'~ ~~ ~ ' '~~ Ji /)CZ4-,/ '~,Ltc/ - ~ fr)01L4/- . /~f-T i/ff// A ~/LU tVric/.7 /' w; ~u ~~ tt~ ~~, ad1~ ~ 7?s &ctd &nC/ f na ,./ / j A 1~/1 h}-ILi-~ n hLUI ,,- ;r-'~j ~J~'" Yi-L~ I, q ~ (./ )C~~ "U-J ~L<....J ~/L- . t4L~ C/r) et/-!ZI{h. ~ cty iG . tAxlf ~ ~ /?')2~ -pj o/P 0 P-HD. ~M~<-<J 11~~' ~ !Jt4J ~'&t.c?JLf1 ~U~dA ~~'I ~ ~ s!ie.r- '>d./}'7 '{.0 ~ /~)~/if)CU~ ~{?J t/)~At( ifC( ~U~c7: C/-7o - Va I~ . . TO: Mayor & City Council FROM: Teri Naab, Deputy Clerk DATE: May 4, 1994 RE: Chaska Road Speed Study In response to a letter received from Kim Richards, 6085 Chaska Road, SLMPSD placed the SMART unit on Chaska Road to monitor speeds and number of cars. Per the Chief's memorandum, there appears to be somewhat of a traffic problem in the area. He suggests that this may be an area for the traffic enforcement specialist to concentrate on once hired. In addition, during his research the Chief found that the actual legal speed limit for Chaska Road is 35 MPH opposed to the posted 30 MPH, and in order for the Council to reduce this speed by resolution, the area must be considered urban (i.e. units less than 100' apart for a distance of a quarter mile or more). If this area cannot be considered urban, and the Chief is not certain that it can be, a speed study could be requested to review the situation. He cited several reasons for the speed to be reduced to 30 MPH. If a speed study is requested, Chief Young also suggested that a study be completed for smithtown Road where it is posted 30 MPH but is actually 40 MPH. 5494.1 SOUTH LAKE MlNNETONKA PUBUC SAFElY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A YOUNG Chief of Police (612) 474-3261 ~1~O!!ABD!l~ To: James C. Hurm, City Admin!. trator Chief Richard A. Youn~) April 11, 1994 J From: Date: Subject: Request for Input - Chaska Road area Obviously, this problem is not unique to these particular streets. . Many of the answers to this complaint are the "standard" ones: Speed limits are really set by the State of Minnesota. The Ci ty of Shorewood can only request a study which may result in an authorization to change the speed limit. More speed limit signs could be installed by the City of Shorewood, but its sign budget is limited. More patrol by the police department is certainly a possibility, but is also limited by the amount of resources we have available. I am sure the real problem times in this area are the same "going to/from work" hours as are all of the rest of the problem locations. Speed bumps are not an appropriate response due to snowplowing and liability concerns. They also can be used to "pop" tires ... off of, thereby causing a squealing of tires. They also are really easier to take at higher speeds than moderate speeds. The closina of anv intersection necessarilv moves traffic to another loC'ation. ... This is the same resul t we are seeing on Excelsior Boulevard. Until or unless the Chaska Road intersection with Highway 7 is closed, this problem will continue and probably increase to some extent. As you know, the police department does not normally issue citations to persons exceeding the speed limit by only a few miles per hour. As we have explained in the past, this is really set by the judges who do not want to be bothered with violations below a certain level. Therefore, the complainant is correct in the statement that the speed limit is stretched to 40 MPH. The real solution to this problem is to close the Highway 7 intersection. However, that is not within the authority of the City of Shorewood. I do think the State of Minnesota would be receptive to that idea, although some business owners and others may not. Serving South Lake MinnetonkJJ Communities of Excelsior, Greenwood, Slwrewood and Tonlw Bay . . We will try to increase patrol in the area. This is just one more area that a traffic enforcement specialist could spend some time. I am currently preparing to hire someone for that position, once I am given the official authorization at this weeks Coordinating Committee meeting. I will notify all of our officers of this complaint and try to get them in the area more often. Now that the possibility of snowfalls have been reduced significantly, I have started to prepare the SMART radar trailer for use. This will be a good place to use the system. I would hope to place it in the area yet this week. This is a duty the traffic enforcement specialist will take over and therefore result in frequent, if not constant, use of this system in trouble or study areas. I would like to remind you that this trailer is very expensive. I mentioned to you originally to make sure the system is listed on your insurance policy and am assuming this has been accomplished. We have also received several complaints of speeding on another street in this same area. A resident on Murray Street has made several complaints and threatened to write letters to the city, etc. We have worked the area several times in response to those complaints (the most recent being yesterday) but have not found any violations sufficient to issue a citation. c ~.- ---------- .c --' . . MAYOR Barb Brancel COUNCI L Kristi Stover Rob Daugherty Daniel Lewis Bruce Benson CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 May 11, 1994 Kim Richards 6085 Chaska Road Shorewood, MN 55331 Dear Ms. Richards: . In response to your letters dated April 6th and April 29th, the South Lake Minnetonka Public Safety Department (SLMPSD) has conducted a traffic study of Chaska Road. I have enclosed two reports from the Chief of Police, Rick Young. Chief Young has reported that the traffic enforcement specialist should be hired within the next couple weeks, and Chaska Road will be one of the areas that this officer will concentrate on. The Shorewood City Council considered the Chief's reports at their May 9th meeting. I will send a copy of the minutes from that meeting as soon as they become available. Thank you for taking the time to bring this situation to the City's attention. Sincerely, . 2A1~D Teri Naab,. Deputy Clerk tIn A Residential Community on Lake Minnetonka's South Shore \" tei' )0 OF Tf#.~ Minnesota Department of Transportation Metropolitan Division Golden Valley Office 2055 North Lilac Drive Golden Valley, Minnesota 55422 August 3, 1994 James C. Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorevl/ocd, Minnesota 55331-.8927 . Re: Speed Zoning - City of Shorewood Chaska Road, Smithtown Road Dear Mr. Hurm: We do not have the resources necessary to perform informal speed studies for the above referenced streets as requested in your July 29 letter to Ed Brown. In fact, we find it difficult to keep up with the number of formal requests received for speed zoning, and currently have a backlog of work. If the Shorewood City Council submits a formal speed zoning request, we will place the studies on our agenda. Otherwise, the most we can do is to drive the roads when we are in the area and to inform you, based on those test drives, what speed limits might result from a formal study. . Shorewood personnel could perform the informal speed studies the council requested. Free flow speed samples should be obtained at "typicallocations" on each street, and test drives performed to determine maximum comfortable speeds. If you want us to drive these roads when in the area, please contact Ed at 797-3129. We will not take any action until we receive a formal request for speed zoning. SincerelYr ~Ats- Michael T. Schad egg Traffic Studies Supervisor MTS:pl:EB .Ail cLllial ()l)!};.".irrun:'r\,' E'nl.n!o~'e;-- . . . CKNO 16933 16934 16935 16936 16937 16938 16939 16940 16941 16942 16943 16944 16945 16946 16947 16948 16949 16950 16951 16952 16953 16954 16955 16956 16957 16958 16959 16960 16961 16962 16963 16964 16965 16966 16967 16968 16969 16970 16971 16972 16973 . CHECK APPROVAL LISTING FOR OCTOBER 9, 1995 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 27, 1995 TO WHOM ISSUED PURR::'6E HENNEPIN COUNTY TREASURER AUGUST PRISONER EXPENSE HOKANSON PLUMBING DUPLICATE WA METER-REFUND BILL JOSEPHSON SUPPUES AT&T WIRELESS AIRTIME NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY MISC ALAN ROLEK CONFERENCE EXPENSESMILEAGE PHILLIP TlPKA STAKING AT MANOR PARK US WEST COMMUNICATIONS TOTAL REGISTER SYSTEMS SUPPUES BELLBOY CORPORATION UQUOR BELLBOY BAR SUPPLY MISc/sUPPLlES EAST SIDE BEVERAGE COMPANY BEERlMISC GRIGGS, COOPER & COMPANY L1QUORIWINElMISC JOHNSON BRCS LIQUOR CO L1QUORIWINE LAKE REGION VENDING MISC L1NDERHOLM TRUCKING FRBGHT PHILLIPS WINE & SPIRITS L1QUORIWINE QUALITY WINE & SPIRITS L1QUORIWINE SAM'S CLUB SUPPUES US POSTMASTER UTILITY BILLING POSTAGE PERA OCT PERA LIFE INSURANCE MEDICA OCTOBER HEALTH INSURANCE MEDCENTERS OCTOBER HEALTH INSURANCE GROUP HEALTH, INC OCTOBER HEALTH INSURANCE LEAGUE OF MN CITIES OCTOBER DENTAL INSURANCE MINNESOTA MUTUAL LIFE OCTOBER DISABILITY , COMMERCIAL LIFE INS CO OCTOBER LIFE INSURANCE AFSCME COUNCIL 14 OCTOBER DELTA DENTAL MADISON/MARQUETIE OCTOBER RENT-L1Q 1 CITY OF TONKA BAY OCTOBER RENT-TONKA BAY US POSTMASTER POSTAGE FOR MACHINE WHITLEY MOTT ESCROW REFUND RYAN PROPERTIES OCTOBER RENT-L1Q 2 FIRST STATE BANK FED/FICA TAX PERA PERA ICMA RETIREMENT TRUST -457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS CHILD SUPPORT ENFORCEMENT CHILD SUPPORT-C. DAVIS ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 UNION DUES Page 1 AMOUNT $872.00 125.00 50.00 75.89 2,966.54 91.95 310.56 112.00 659.65 52.85 3,947.36 166.62 10,540.35 1,081.81 626.36 663.78 437.60 566.58 812.59 130.73 471.68 54.00 4,153.88 1,438.83 1,102.46 466.40 85.50 50.15 224.00 5,104.00 1,000.00 750.00 2,500.00 2,576.88 6,601.10 2,144.59 864.98 564.00 98.50 139.44 138.95 . . CKNO 16974 16975 16976 16977 16978 16979 16980 16981 16982 16983 16984 16985 16986 16987 16988 16989 16990 CHECK APPROVAL LISTING FOR OCTOBER 9, 1995 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 27, 1995 TO WHOM ISSUED PURFC6E MN DEPARTMENT OF REVENUE STATE TAX WITHHELD KATHLEEN HEBERT SEC 125 REIMBIMILEAGE MINNETONKA SENIOR CENTER ENTRY FEE-JOBS FAIR BRADLEY NIELSEN SEC 125 REIMB NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE US WEST COMMUNICATION/ADVERTISING WASTE MANAGEMENT SERVICES OCTOBE;R SERVICE BELLBOY CORP UOUOR GRIGGS, COOPER & COMPANY L1QUORIWINElMISC JOHNSON BROS LIQUOR CO. L1QUORIWINE LAKE REGION VENDING MISC L1NDERHOLM TRUCKING FR8GHT PAUSTlS AND SONS WINE PHILLIPS WINE & SPIRITS L1QUORIWINE QUALITY WINE & SPIRITS L1QUORIWINE THE WINE COMPANY WINE TOTAL CHECKS ISSUED Page 2 AMOUNT 1,140.97 225.91 5.00 100.00 1,583.64 85.92 441.26 239.00 2,332.01 5,242.83 4,249.97 85.10 154.40 171.00 2,793.60 455.59 160.00 .$74,285.76: CITY OF SHOREWOOD CHECK APPROVAL LIST FOR OCT. 9. 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT 16991 AT&T WIRELESS SERVICES PAGER 16992 ALS I NSm.j PRINTS 16993 EARL F. ANDERSEN, INC. TRUCK EQUIP CATHCART PLAYGROUND *** TOTAL FOR EARL F. ANDERSEN, IN 16994 JEFF REINHART DBA SEPT JANITORU'IL 16995 BRYAN ROCK PRODUCTS, INC. ROCK 16996 CHANHASSEN-CITY OF ANIMAL CONTROL/APR-JUNE .997 CONTACT MOBILE COMMUNIC. INSTALL RADIO'S 16998 CROSSTOWN-OCS. INC. COFFEE 16999 HARMON GLASS & GLAZING REPAIR W/H WINDOW 17000 E-I RECYCLING INC. SEPT RECYCLING 17001 FINA FLEET FUELING FUEL 17002 JIM BROWN'S CULTURED SOD WATERFORD PL SOD 17003 HENN CO GENERAL SERVICES 2ND HALF PROPERTY TAXES PLANNING 9.58 5.94 -------- 101.18 PARKS & 5.50 106.68 MUN SLDG PROT INS MUN SLOG PARKS & RECYCLH-..l CITY GAR MUN SLOG 17004 HOPKINS PARTS COt1PANY EQUIP MAINT CITY GAR .005 KAR PRODUCTS SHOP SUPPLIES CITY GAR .17006 LEAGUE OF MN CITIES MEMBERSHIP DUES COUNCIL . 17007 LONG LAKE POWER EQUIPMEI'H TOOLS PARKS & 17008 MIDLAND EQUIPMENT CO. STEEL PLATE -----......-- . 17009 MIDWEST ASPHALT CORP. ASPHALT STREETS 17010 MINNESOTA DEPT OF HEALTH 3RD QTR WA SVC CONN FEE WATER DE 17011 MINNEGASCO .UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES FOR MINNEGASCO *** TOTf::tL 17012 MTKA PORTABLE DREDGING I' D i-'Y'( cr~ T f';' I:: r..rUi L Page 3 WATER DE IplA TER DE ItoJATER DE CITY GAR Pf-4RKS .& t1lJN SLDG 325.00 3,232 .. S~: 3,382..80 412.74 58..50 122.00 4.370..00 428.22 234.83 1.829.34 .150.58 287.65 3,744.00 56 . 5.~) 22.14 2,747.09 1,210.00 51.26 116.03 15.98 22..27 55.70 11.94 26.60 9.59 9.59 318..96 .' ',.'f .') I."!(\. { CITY OF SHORE WOOD CHECK APPROVAL LIST FOR OCT. 9, 1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT -------- ------------------------- ------------------------ -.------- ----------- 17013 NAVf.'IRF~E TRUE I,lAL.UE SHOP SUPPLIES/TOOLS CITY GAR 11.67 17014 NORTHERN STATES POlIJER STREET LIGHTING TRAF CON 2,294.33 17015 PEPSI COLA COMPANY POP PURCHASE MUN BLDG 95.50 17016 PLANT .lk FLANGED EQUIP CO AMESBURY 'NELL 'NATER DE 182.19 17017 SHOREI/JOOD TREE SERVICE TREE TFUMMING TREE MAI 463.00 17018 THOr1AS MFG COMPANY, INC. PICNIC TABLES ---------- 878.33 .019 TIME SAVER OFF SITE SEC r1INUTES . MINUTES *** TOTAL FOR TIME SAVER OFF SITE GEN GOVT 184.75 PLANNING 108.75 293,. SO 17020 TONKA AUTO AND BODY SUPP EQUIP MfHNT. ..............---..-.--- 48.07 17021 VIKING FENCE WIRE TIES FOR FEHCE P(.':jF~f<:S 8( 22.40 17022 1,I!f.'IRN I NG LITES OF MI'.J., INC. STROBE LIGHT PI~OJECTS 56.20 .1.7023 I/.!ATERPRO ORA I Nf.'IGE REPAIR -------..........- 148.89 17024 WILSONS NORTHWEST NURSERY LANDSCAPE FREEMAN PARK -~....__.......--._- 2,490.00 17025 IIEGLER. INC. GRADER PARTS PUB ItJK.S 124.48 17026 MN SUN PUBLICATIONS ~ LEGAL NOTICES LEGAL NOTICES TOTAL FOR MN SUN PUBLICATIONS ---.......---- 147M90 GEN GOVT 90.78 238.68 *** *** TOTAL CHECKS FOR APPROVAL 33~122..36 *** TOTAL CHECK APPROVAL LIST 107.408.12 Page 4 .. C H E C K R E G r r- T E R .,;) CHECK CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT COM 10 03 qc: 70 KIMBERLY A. ALLEN 209846 45.71 .- ..... COM 10 ()3 95 110 CONNIE D. BASTYR 209847 319..62 COM 10 03 95 230 CHRISTOPHER M. C(~I~EY 209848 318.12 cm1 .10 o~ 95 345 PATRICK C. CRET (~N 209849 83..,5.3 ..:;. COM 10 03 95 375 JODI A. OALU1AN 209850 112.42 COM 10 03 95 ::'00 CHARLES s~ DAVIS 209851 596.03 COM 10 03 95 775 JAMES C. EAKINS 2098.52 654.63 COM 10 03 9.5 1001 JOHN M. FRUTH 2098.53 30.25 COM 10 03 95 1105 KERr ANNE GRAF 209854 74.81 COM 10 03 95 1160 STEPHANIE A. HABER 209855 86.13 COM 10 03 95 1190 KATHLEEN A. HEBERT 2098.56 605.66 COM 10 03 95 1400 PATRICIA R. HELGESEN 209857 642.72 COM 10 03 95 1415 SHAWN D. HEMPEL 209858 197.32 COM .10 03 95 1550 JAMES C. HURM 209859 1619.93 COM 10 03 95 1601 BRIAN D. JAKEL 209860 87.71 COM 10 03 95 1700 JEFFREY t' JENSEN 209861 744.0.5 .-1 . . COM 10 03 95 1800 DENNIS D. .JOHNSON 209862 T17 .33 COM 10 03 95 1940 LOREN A. JONES 209863 91.83 cm1 10 03 95 1950 MARTIN L. .JONES 209864 =,4.11 COM 10 03 '0 c: 2100 WILLIAM F. JOSEPHSON 20986:::, 632.19 ... .-J COM 10 03 01.': 2500 SUSAN M. L(.':jTTERNER 209866 325.80 .~ -' COM 10 03 95 2800 .JOSEPH P. LUGO'!JSK. I 209867 799. 71 COM 10 03 95 2905 PAUL (~ MARSO 209868 82.24 ..:>. COM .10 0"Z 95 2955 CHRISTOPHER M. i'1CNEAL 209869 126.06 ,-' COM 10 03 95 3000 THERESA L. NAAB 209870 687..94 cm1 .10 03 9S 3100 LAWRENCE A.. NICCUM 209871 874.94 COM 10 03 95 3400 BRADLEY J. NIELSEN 209872 1069.52 COM .10 03 95 3500 JOSEPH E. PAZANDf.'iK 209873 1026.43 COM 10 03 95 3600 DANIEL .J. R(~NDALL 209874 838.77 COM 10 03 95 3675 SUSAN M. R.H.jEHIMER 20987::. 87.27 COM 10 03 95 3701 BRIAN M. ROERICK 209876 '94.37 COM 10 03 95 3800 ALAN J. ROLEK 209877 11.13.81 . COM 10 03 95 3900 CHRISTOPHER E. SCHMID 209878 411.33 COM 10 03 95 4575 REBECCA A. TAR\,lIN 209879 278.25 COM 10 03 95 4600 BEVERLY J. VON FELDT 209880 60.;' . 95 COM 10 03 95 4750 RALPH A. WEHLE 209881 605.43 COM 10 03 95 4900 DEAN H. YOUNG 209882 6.56.84 COM 10 03 95 5000 DONALD E. ZDRAZIL 209883 1231.35 ****TOTALS**** 18690.11 Page 5